and VAT number ESB88640180, a wholly owned subsidiary of the Ford Motor Company, and its affiliates, including Skinny Labs Inc., Spin Mobility Limited, Spin Mobility SAS, Spin Mobility GmbH, and Spin Mobility Inc. ("Spin," "we," or “us”). These Terms govern your access to and use of any and all products and services that Spin provides, including, without limitation, (i) the Spin website located at https://www.spin.app/ ("Site"), (ii) the Spin mobile application ("App"), (iii) any vehicle or other transportation device provided by Spin, including but not limited to, bicycles, electric bicycles, and electric kick scooters, (collectively, “Spin Vehicles”), (iv) any equipment, product or service that relates to the use of Spin Vehicles, and (v) any other features and/or services offered by Spin ((i) through (v), collectively, the "Services"). Your access to and use of the Services is expressly conditioned on your agreement to these Terms. Any references to “you” or “your” in these Terms will mean the person using the Services in any manner, and each of your heirs, assigns or successors.
Please read the following carefully before agreeing to these Terms:
1.1 Your Offer. The presentation of those Services in our App that you can purchase does not constitute a legally binding offer, but merely an invitation for you to order those Services.
1.2 Order Confirmation and Acceptance. To place an order through our App and purchase your selected Services, you shall complete the order process in our App. After you place an order, we will send you a confirmation e-mail acknowledging receipt of your order which, however, does not constitute acceptance of your order. We conclude a contract with you as soon as we accept your order by means of a separate email or by unlocking the Services for you. The provisions in Section 1 do not apply to the mere usage of the App if you do not purchase a Service.
1.3 Technical Order Steps. To purchase our Services, you will need to have an account with us as set out in Section 4. To place an order, select the desired Services in the App and enter your data you desired payment method. Prior to concluding your order in the App, you should check all of the information that you enter and correct any errors, as once your order is submitted, we will begin processing it immediately. All orders placed and processed via the App shall be in the Spanish language. To cancel the order process, you can simply close your App.
1.4 Saving these Terms. You can print out or save this version of the Terms using the corresponding functions of your browser or download it here as a “pdf” and save it on your device. You will also receive the contractual provisions together with information on the booked Services including these Terms and the withdrawal right instruction by e-mail upon acceptance of your contract offer. We do not store the contractual provisions for you.
You shall adhere to the following rules when using the Services:
2.1 You are the sole operator of the Services. You and Spin are the only parties to these Terms, and you are the only authorized operator of a Spin Vehicle that is rented through your account. You will not permit another person, either alone, or together with you, to use the Services or any Spin Vehicle obtained by you or through your account. Without limiting the foregoing, you alone are responsible for complying with these Terms, for any breach thereof, and damage and/or liability arising from your and any third party’s use of the Services obtained through your account.
2.2 You are at least 18 years of age.
2.3 You will inspect the Spin Vehicle before operating it. Before each use of a Spin Vehicle, you will conduct a basic safety inspection, including inspecting: brakes and lights operation; proper direction of wheels; condition of the vehicle’s frame; sufficient battery charge; and any signs of damage, disrepair, unusual or excessive wear, or other signs of mechanical and/or maintenance needs (each, a "Safety Issue"). You shall immediately notify Spin if you identify a Safety Issue, and you may not ride any Spin Vehicle on which a Safety Issue is perceived.
2.4 You are a competent user. You are familiar with how to operate a Spin Vehicle, are physically fit to use a Spin Vehicle, and do not have any health or medical conditions that would make using a Spin Vehicle unsafe in any way.
2.5 You will not engage in distracted operation of the Spin Vehicle. While operating a Spin Vehicle, you will not use any cellular telephone, text messaging device, portable music player, any hands-free technology, or any other device that may distract you from safely operating the Spin Vehicle.
2.6 You will not use the Spin Vehicle when hazardous conditions are present. You will not use a Spin Vehicle when environmental conditions are unsafe (i.e., weather, road surface, etc.), on any unpaved roads, through water, through uneven terrain (such as mountains), through unsafe traffic conditions, on highways or freeways, or in any location where use of a Spin Vehicle is prohibited, illegal, and/or is a nuisance. You acknowledge and agree that Spin does not provide or maintain places at or on which to ride Spin Vehicles and that Spin makes no representation, warranty, covenant or guarantee with respect to the conditions of any road, sidewalk, vehicle lane, vehicle route, or other thruway you may access in connection with your use of a Spin Vehicle.
2.7 You will not use the Spin Vehicle if your ability to use it is impaired. You will not operate a Spin Vehicle while under the influence of drugs, alcohol, medication, and/or any other substance that may impair your ability to operate the Spin Vehicle.
2.8 You will not race, perform stunts with, or use the Spin Vehicle to propel or tow any vehicle, trailer, or other object.
2.9 You will not place anything on the Spin Vehicle or use the Spin Vehicle while holding anything that impedes your ability to safely use it. These objects may include backpacks, bags, briefcases, and/or any other item that can alter the balance of the Spin Vehicle or otherwise impede your ability to safely ride it. You must not exceed the Spin Vehicle’s weight limit, which is 100 kilograms, unless otherwise indicated.
2.10 You will wear proper equipment while using the Spin Vehicle. You will wear appropriate equipment while using the Spin Vehicle, including, but not limited to, suitable footwear (e.g., tied sneakers; no sandals) and, where required by law, a helmet that is properly fitted and fastened in accordance with the manufacturer's instructions. In all cases, we highly recommend that you wear a helmet which meets national safety standards.
2.11 You will not use the Spin Vehicle for commercial purposes. This includes, without limitation, using the Spin Vehicle for hire, reward, rideshare, food delivery, or advertising services.
2.12 You will not tamper with, alter, or vandalize the Spin Vehicle in any way.
2.13 You will use the Spin Vehicle in compliance with all applicable laws, rules, regulations, and ordinances. It is your sole responsibility to be familiar with the applicable laws, rules, regulations, and ordinances of the jurisdiction in which you are using the Spin Vehicle.
2.14 You will park the Spin Vehicle in accordance with Spin’s instructions and in compliance with all applicable laws, rules, regulations, and ordinances. You will park the Spin Vehicle in lawful parking spots, in an upright position. You will not park on unauthorized private property, in a locked area, in heavily trafficked areas, or in any other unapproved space. You will not use any locking mechanism to lock the Spin Vehicle, unless otherwise directed by Spin.
2.15 You will use the Spin Vehicle in accordance with the "rules of the road." You will obey all street signs, signals, rights-of-way, and markings, and you will use the Spin Vehicle with courtesy and respect toward third parties (e.g., pedestrians, other vehicles). You will not block sidewalks, access ramps, bus stops, or landscaped areas.
2.16 You will return the Spin Vehicle in the condition in which you rented it, except for any ordinary wear and tear.
2.17 You must report any accident, crash, damage, personal injury, traffic violation, or stolen or lost Spin Vehicle as soon as possible. If an incident has personal injury, property damage, or a stolen Spin Vehicle, you shall file a report with the local police department within 24 hours. For a lost or stolen Spin Vehicle rented by you or through your account, you agree that you are responsible and liable for damages and expenses incurred by Spin or a third party in relation to such Spin Vehicle, unless there is no fault on your side. For the avoidance of doubt, the foregoing shall not limit Spin’s own liability any further than as set out in Section 7.
2.18 You will not rent a Spin Vehicle for more than 24 hours at a time. Unless you are using a Spin Pass or other Spin Service for which there is a longer-term rental period, the maximum rental time of a Spin Vehicle is 24 hours. You will conclude your ride within a service zone and lock the Spin Vehicle (a "Return") within 24 hours of the time at which you unlocked or otherwise began renting such Spin Vehicle.
ANY UNREASONABLE OR INAPPROPRIATE USE OF A SPIN VEHICLE THAT IS NOT LISTED HEREIN BUT COMPARABLE WITH THE AFOREMENTIONED RULES OR ANY VIOLATION OF APPLICABLE LAWS WILL BE DEEMED TO BE A VIOLATION OF THESE TERMS. The foregoing rules shall apply cumulatively (and not exclusive) to each other.
You acknowledge that use of Spin’s Services, including Spin Vehicles and any other equipment, product or services relating to the use or rental of a Spin Vehicle is an inherently dangerous activity that involves both obvious and non-obvious risks of physical harm, including the risk of death to you and others, as well as damage to property, and that these types of risks can be unforeseeable and sometimes cannot be avoided. In the absence of any negligence or other breach of duty by Spin your use of Spin’s Services, including Spin Vehicles and any other equipment, product or services relating to the use or rental of a Spin Vehicle is entirely at your own risk.
4.2 Accuracy. You warrant that all information that you provide about yourself, including, without limitation, your email/phone number and Card, is, and will remain during your use of the Services, true, accurate, current, and complete, and that you are authorized to provide and use all such information. You are solely responsible for all activity that occurs on your account, and you agree to notify Spin immediately of any suspected unauthorized use. Spin’s liability for any losses by any party caused by unauthorized use of your account is limited in accordance with Section 7.
4.3 Confidentiality. On our servers, we will protect your log-in credentials with adequate technical and organisational measures from unauthorized disclosure or access. Outside of our sphere of influence, you are solely responsible for maintaining the confidentiality of your log-in credentials and for all activities that occur through the use of your credentials. You agree to notify Spin immediately of any unauthorized use of your log-in credentials or if you have reason to believe that your account is no longer secure. You understand and agree that we may require you to provide information in order to confirm your identity and ensure your account’s security.
4.4 Restrictions. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of creating and account other than your own. You may not permit another person to use any Spin Vehicle or other Services using your account credentials, regardless of whether that person is a user of the Services themselves, and to permit such use is a material breach of these Terms. Without limiting our own potential liability any further set out under Section 8, you are responsible for all use of the Services in connection with your account, including, without limitation, any death, personal injury, and injury to property resulting from a Spin Vehicle that has been used with your account credentials due to your fault.
4.5 Account Termination. We have the right to disable, suspend, or close your account if your account has a negative balance, if your Card is no longer valid, or for other reasons by giving you reasonable notice in advance. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. If we terminate your account, you must immediately return any Spin Vehicle and any other property of Spin in your possession. You will be charged for the value of any Spin property that you fail to return as well as all costs (including legal fees) that Spin incurs in attempting to recover its property from you.
5.1 Fees. Service charges may vary based on the Services you select and your region, and may include, without limitation, rental charges, applicable taxes, service fees, and/or other charges set forth in these Terms ("Fees"). The Fees applicable to your use of the Services are set forth in the App and are incorporated herein by reference. You agree to pay all Fees when due.
5.2 Payment Method. You hereby authorize Spin to charge your Card or other payment method via the App or via an authorized third-party payment processor (e.g., PayPal, Stripe, Square, or others). Prior to charging Fees, we may seek pre-authorization of your Card or other payment method up to the maximum amount for a single ride in order to verify its validity or the existence of sufficient funds. It is your responsibility to update and replace your Card or other payment method if they expire or are no longer valid. You warrant that you are authorized to use any Card or payment method you furnish to us.
5.3 Stored Balance. You have the option to store funds in your Spin account (“Stored Balance”). Amounts added to Stored Balance are denominated in EUR. You may only use the Stored Balance in EUR, unless otherwise indicated in the App.
5.4 Auto-Reload. If you enable auto-reloading, you authorize Spin to automatically add funds to your Stored Balance by charging your Card or other payment method when the Stored Balance drops below a certain amount (“Auto-Reload”). You can disable Auto-Reload at any time by updating your account settings; provided that changes may take a reasonable amount of time to go into effect. If your Auto-Reload is declined for any reason, including expiry of your Card, funds will not be added to your Stored Balance. If you close your Spin account, unless you owe Fees, you will receive a refund of any amounts in your Stored Balance to your designated payment method. Please allow up to six (6) weeks for this refund.
5.5 Your Payment Information. With your consent, you authorize us and/or our third-party payment providers to store information about your Card or other payment method for the purpose of charging you Fees and facilitating Auto-Reload. If your payment details change, your Card provider may provide us with updated Card details. We may use these new details to prevent any interruption to your use of the Services. If you would like to make a change to your payment method, please visit your Spin account settings to update your billing information.
6.1 Failure to End Ride, Abandonment, or Theft. You must properly end your ride and park the Spin Vehicle in a valid area. If you do not park your Spin Vehicle in a valid area, Spin is entitled to charge you an additional pick-up fee of 25 Euros. If you do not properly end your ride, keep possession of the Spin Vehicle, and/or otherwise abandon the Spin Vehicle, you may be responsible for the following, as applicable: 1) all trip fees until the Spin Vehicle is recovered and deactivated; 2) an additional pick-up fee of 25 Euros; and 3) up to the full value of a Spin Vehicle if deemed lost or stolen depending on a case-by-case assessment. Additionally, in the case of suspected theft or loss, a police report may be filed.
6.2 Fines and Tickets. When using our Services, you must comply with the laws that apply to you. You are fully responsible for any fines, tickets, or other costs that you incur while using Services (e.g., for your violation of parking or traffic rules and regulations, or if you cause a Spin Vehicle to be towed or impounded). In some locations, Spin may be required by the local authority to impose fines for improper use of Spin Vehicles, including without limitation, improper parking or reckless riding behavior. Spin cooperates with all government officials in their enforcement of applicable laws. After providing you with reasonable notice, you agree that Spin may pay any ticket, citation, fine, and/or penalty that you owe on your behalf directly to the appropriate authority and charge this payment to your account, plus a reasonable administrative fee of 25 Euros.
6.3 Responsibility for Damages. In the absence of negligence or breach of duty by Spin, you are responsible for all damages, losses, claims, consequences, demands, causes of action, injuries, costs, and liability in connection with your use of a Spin Vehicle or the use of a Spin Vehicle under your account credentials, including, without limitation, (i) physical or mechanical damage, (ii) loss due to theft, (iii) physical damage resulting from vandalism, (iv) bodily injury to you or a third party, (v) third party claims, (vi) actual charges for towing, storage and/or impound fees paid by Spin, and (vii) administrative charges, including the cost of appraisal and other costs and expenses incident to the damage or loss. YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO A SPIN VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.
7.1 Limitations on Services. Spin reserves the right to limit the provision of the Services to any person, geographic region or jurisdiction. There may be times when we need to disable the Site and/or Services either temporarily or permanently.
7.2 Availability of Services and the App. Not all features or services included in the Services are available in all markets, and the functionality of the Services may be limited to factors such as vehicle capability, your mobile device, or network coverage. Spin does not give any commitment to you that Spin Vehicles will be available for you in any specific locations and/or at any specific point in time.
7.3 Electric Vehicle Battery. Spin Vehicles are electric vehicles that require periodic battery charging to operate. The level of charge will decrease with use, and the rate at which it decreases depends on various factors. The distance and time that you may use a Spin Vehicle before it loses battery power is never guaranteed, and because we do not know your intended destination, we also cannot warrant that any Spin Vehicle has enough charge to get you there. You are obliged to ensure that a Spin Vehicle has adequate battery charge prior to renting and using it. You are prohibited from charging a Spin Vehicle unless otherwise instructed by Spin.
7.4 App Updates and Upgrades. Spin may issue updated or upgraded versions of the App and may, depending on your mobile device settings, automatically update your App version. If you do not want your App to automatically update, please check and, if required, change the application update settings in your device. It is your responsibility to ensure that your device supports any App update.
7.5 Third Party Sites. The Site, App and/or Services may contain hyperlinks to other non-Spin sites. These links are provided only for your convenience. Spin has no control over the contents of any third-party websites. If you decide to access third-party website links, you do so entirely at your own risk and subject to the user terms and conditions and privacy policies of those websites.
We will be liable in accordance with the statutory provisions for any damage caused wilfully or by gross negligence of our representatives or us.
Our statutory liability for slight negligence shall be limited to the amount of damages as typically foreseeable at the time of entering into the contract and shall only apply in case of a breach of a material contractual obligation. Material contractual obligations shall be obligations the fulfilment of which forms the basis for the proper performance of the agreement, the breach of which endangers the purpose of the contract and on the fulfilment of which you may rely on a general basis. We shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The same applies to breaches of duty by our vicarious agents.
These limitations of liability shall not apply to the extent any guarantees have been given by us, in the event of mandatory statutory liability including any kind of culpably caused damage to a person's life, body or health or claims under the Product Liability Act.
9.1 Ownership. We own proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with the Services, such as (i) patents, (ii) patent applications, (iii) copyrights, (iv) copyrightable works of expression, (v) trademarks, service marks, slogans, trade names, and other identifiers (including, without limitation, the Spin name, Spin logo, the Services name, and the Services design (collectively, "Spin Marks"), (vi) text, images, photos, audio, video, data, and communication that we create and/or make available in connection with the Services (collectively, "Spin Content"); and (vii) rights of publicity and privacy, moral rights, know-how, trade secrets, software and database rights ((i) through (vii), collectively, "IP Rights"), any and all applications, registrations, renewals, or derivatives in connection with the foregoing IP rights, all rights to obtain, register, perfect and enforce these IP Rights throughout the world, and any and all actions and rights to sue at law or in equity for any past or future infringement or other impairment of the foregoing IP Rights.
9.2 Limited License. Subject to your compliance with these Terms and any other terms communicated in connection with specific Spin Content, we grant you a personal, non-exclusive, non-transferable, limited right to access, view, use, display and listen to Spin Content for your personal, non-commercial use only. Except as expressly licensed to you herein, Spin and its licensors reserve all right, title and interest in and to the Services and IP Rights. This license is effective until terminated. Your rights under this license will terminate immediately and automatically without any notice if you fail to comply with any provision of these Terms or any Other Governing Agreement. Promptly upon termination, you must cease all use of the Services and destroy all copies of the Services or the IP Rights in your possession or control. Termination will not limit any of Spin’s other rights or remedies under these Terms or at law.
9.3 User Content. You may submit text, images, photos, audio, video, data, and/or communication (collectively, "User Content") through the Services. Do not submit confidential ideas through the Services. By submitting User Content in any way to or through, the Services, except to the extent you exercise applicable rights under local data protection laws, you irrevocably grant to Spin a world-wide, perpetual, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, transmit, modify, publicly display or perform, distribute, translate and create compilations and derivative works from, or otherwise use, any and all such User Content (in any format or media) for the purpose of promoting, or otherwise commercializing the Services. Our right to publicly display User Content ends when you exercise applicable rights to remove User Content from the Services. User Content you submit in any way to or through the Services (other than certain personal information) will not be deemed confidential. The Services may allow you and us to communicate through the App.
You understand that you, not Spin, are responsible for and assume all risks associated with your User Content, including anyone’s reliance on it or any information disclosed therein that makes you or anyone else personally identifiable. You warrant that you own or have the necessary rights to use and authorize the use of User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by Spin.
You understand that when using the Services, you will be exposed to User Content and other text, images, photos, audio, video, data, and/or communication from a variety of third-party sources (collectively, "Third-Party Content"). Spin is not responsible for the content, accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. Third-Party Content does not represent the views of Spin and Spin does not endorse any Third-Party Content. We expressly disclaim any and all liability in connection with Third-Party Content, unless Spin has been made aware of illegal or otherwise harmful Third-Party-Content. Without limiting the foregoing, we are entitled but not obliged to (i) pre-screen Third-Party Content, and (ii) reject, move, edit or remove Third-Party Content for any reason.
9.4 Feedback. If you provide written, oral, or any other form of feedback, comments or suggestions for improvements to the Services (“Feedback”), you warrant that you (a) have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party or parties. You (i) acknowledge that Spin may have something similar to the Feedback already under consideration or in development, and (ii) assign to Spin your entire right, title, and interest (including any intellectual property rights) in and to the Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, you hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publicly publish or perform, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action of Spin, its service providers, affiliates, successors, and assigns that would violate such right, title, or interest in the absence of such consent.
9.5 Spin Marks. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, modify, adapt or adopt Spin Marks in any way, without Spin's prior written consent. You shall not use any Spin Mark or any language, pictures or symbols which could, in Spin's sole judgment, imply Spin's endorsement in any (i) written or oral advertising or presentation, or (ii) written material of any nature, without Spin's prior written consent. You may not remove or alter Spin Marks or legal notices included in the Services or on any related asset, such as Spin Vehicles.
10.1 Termination by You. You may terminate your use of the Services at any time by closing your account, uninstalling the App or sending an e-mail to: email@example.com.
10.2 Termination by Us. We are entitled to terminate these Terms – and hence your account and/or your right to use the Services – for convenience at any time upon seven (7) calendar days’ prior notice to you. Without affecting our further contractual and/or statutory rights to terminate for cause, we are entitled to terminate these Terms for cause if you breach these Terms, and, where a breach can be cured and provided that requesting cure is not unbearable for us, you do not cure the breach within an appropriate notice period set by us.
As a consumer you have a right of withdrawal in accordance with the following provisions.
WITHDRAWAL RIGHT INSTRUCTION
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period will expire fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform Spin Mobility S.L., located at Calle Santa Leonor, 61, 28037, Madrid, Spain, Telephone: +1 888 249 9698, Email: EUwithdrawalright@spin.pm by means of a clear statement (e.g., a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this agreement compared to the total amount of services provided under the agreement.
END OF WITHDRAWAL RIGHT INSTRUCTION
Model Withdrawal Form
(If you wish to cancel the agreement, please complete and return his form.)
To: Spin Mobility S.L., located at Calle Santa Leonor, 61, 28037, Madrid, Spain
Telephone: +1 888 249 9698
E-mail address: EUwithdrawalright@spin.pm
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer (only if this form is notified on paper):
(*) Please delete if not applicable
Without limiting the Limitation of Liability, you agree to indemnify us from and against any damages, fees, costs and expenses including, without limitation, penalties, fines, tickets, attorneys’ or legal fees that directly or indirectly arise from or are related to any claim made or brought against us, and culpably caused by: (i) your use of the Services and your activities in connection with the Services; (ii) your User Content; (iii) your breach of these Terms or any Other Governing Agreement; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your account or mobile phone or other device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you (collectively, "Claims").
If you are a consumer habitually residing in a EU Member State, you can choose to bring legal proceedings in respect of these Terms in the EU Member State in which you are domiciled or in another EU Member State, but if we bring legal proceedings, we may only do so in the EU Member State in which you are domiciled. As a consumer, if you are habitually residing in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as consumer to rely on such mandatory provisions of local law.
In addition, in accordance with European law, You are informed that the European Commission's online dispute review platform is also available, which is accessible on the following link: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are neither obliged nor willing to participate in online dispute resolution.
14.1 We reserve the right to amend provisions of these Terms at any time, subject to the conditions set out below, if such amendment is reasonable for you, taking into account our interests, and provided that it does not change our main obligations under the contract to your disadvantage. This applies in particular if we have an amendment reason as outlined in Section 14.2 below.
14.2 A reason for the amendment exists
14.3 If we make changes to these Terms, we will notify you by email and by posting a notice to the Services prior to the effective date of the changes. We will also indicate at the top of these Terms the date that revisions were last made. Changes will be deemed approved if you do not object to them electronically within 6 weeks of the announcement of the respective change, provided that in the announcement, we will inform you that the amended Terms shall be deemed to have been accepted by you if you do not object to the new Terms within the aforesaid period after receipt of the e-mail.
15.1 Governing Law and Venue. Any legal disputes arising from this contract in relation to use of the Services in Germany, shall be governed by German law. As a consumer habitually residing in an EU Member State, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as consumer to rely on such mandatory provisions of local law. As a consumer habitually residing in an EU Member State, you can choose to bring legal proceedings in respect of these Terms in the EU Member State in which you are domiciled or in another EU Member State, but if we bring legal proceedings, we may only do so in the EU Member State in which you are domicile.
15.2 Assignment. We can assign our rights under these Terms in whole or in part to anyone we choose but if we make use of this right, you will be entitled to terminate. You can't assign your rights under these Terms to anyone else without our prior consent.
15.3 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, fire, flood, acts of God, explosion, war or the engagement of hostilities, embargo, pandemic, government requirement, civil disturbances, or civil or military authority.
15.4 Notice Regarding Apple. If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple's iOS operating system (an “iOS App”), you acknowledge and agree that: (i) the iOS App may only be accessed and used on a device owned or controlled by you and using Apple's iOS operating system; (ii) these Terms are between you and us, and not with Apple; (iii) Apple has no obligation to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact us, not Apple; (iv) except as otherwise expressly set forth in these Terms, any claims relating to the possession or use of the iOS App are between you and us (and not between you, or anyone else, and Apple); (v) in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and (vi) although these Terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these terms against you.
In addition, you warrant that: (i) you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties; and (iii) if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.
15.5 Notice Regarding Google. If the Services that you use includes a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) we, and not Google, are solely responsible for our Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to our Google-Sourced Software.