Spin+ Rental Agreement
Effective May 1, 2020
This Spin+ Rental Agreement (“Spin+ Agreement”), along with the Spin Terms of Use (available here: https://www.spin.app/terms) (the “Terms”) govern your use of the Spin+ rental scooter and Spin+ services, and you agree to be bound by the terms of this Spin+ Agreement. If any provision contained in the Spin+ Agreement is in conflict with, or inconsistent with, any provision in the Terms, the provision contained in the Spin+ Agreement shall govern and control with respect to Spin+ scooter rentals. All other provisions of the Terms shall apply. Defined terms not defined herein shall have the definition prescribed in the Terms.
- Spin+ Rental. Spin+ is a subscription service that allows you to rent a Spin scooter for your personal use over an extended period of time (the “Rental Period”). Your Spin+ subscription will continue and automatically renew each billing period until terminated. You must cancel your subscription before it renews in order to avoid billing of the next cycle’s subscription fee to your Payment Method, as defined below (see Section 3, Billing & Cancellation). During your Rental Period, and except as specified in this Spin+ Agreement, you are responsible for your Spin scooter at all times, including safeguarding the scooter, storing the scooter securely overnight and when not in use, and ensuring that the scooter has adequate charge for your use. During the Rental Period, the scooter shall not be available for use or rent by people other than yourself. In addition, you may not use the Spin scooter for commercial purposes without Spin’s written consent.
- Spin+ Availability. The Spin+ subscription program may only be available in select markets and for select time periods, as determined in Spin’s sole and absolute discretion. Upon notice to You, Spin may suspend or terminate any Spin+ program at any time.
- Billing & Cancellation.
a. Billing Cycle. The subscription fee for Spin+ and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method at the beginning of each new billing cycle. The length of your billing cycle will be 30 days, unless a different type of subscription is chosen when you sign up. Subscription fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one billing cycle of service as soon as you sign up for a Spin+ subscription.
b. Payment Methods. To enroll in Spin+, you must provide one or more payment methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
c. Cancellation. You can cancel your Spin+ subscription at any time, and you will continue to be able to use your Spin+ scooter through the end of your current billing period, after which date you will need to schedule a scooter pickup time. To cancel, navigate to the status screen in the Spin App and click on “Contact Support” in order to email your cancellation request to Spin customer support. Once you cancel your Spin+ subscription, you will no longer be automatically charged after the end of your current billing period. Your cancellation is not complete until you have successfully scheduled a scooter pickup time and Spin is able to collect the scooter. Cancellation of your Spin+ subscription will not affect your Spin App account, which will remain open for you to use for future Spin scooter rentals.
d. Changes to Membership Fee and Plan. Spin reserves the right to change the Spin+ subscription plan or adjust pricing for the Spin+ service or any components thereof in any manner and at any time as Spin may determine in its sole and absolute discretion. Except as otherwise expressly provided for in this Spin+ Agreement, any price changes or changes to your Spin+ subscription plan will take effect following notice to you.
e. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used billing periods. Following any cancellation, however, you will continue to be able to use your Spin+ scooter through the end of your current billing period, after which date you will need to schedule a scooter pickup time. At any time, and for any reason, Spin may provide a refund, discount, or other consideration to some or all of Spin+ users ("credits"). The amount and form of such credits, and the decision to provide them, are at Spin’s sole and absolute discretion. The provision of credits in one instance does not entitle You to credits in the future for similar instances, nor does it obligate Spin to provide credits in the future, under any circumstance.
- Scooter Delivery & Pickup.
a. Delivery. You may schedule your Spin+ scooter delivery date and location by communicating with support@spin.pm. Your Spin+ scooter will be delivered to you as scheduled, subject to availability and weather conditions.
b. Pickup. Prior to the end of your last billing cycle, you must schedule a time and date for Spin to pick up your Spin+ scooter by contacting support@spin.pm. In some cases, the next available date may be after the end of your last billing cycle. In such a case, you are responsible for safeguarding the Spin Scooter until the pickup occurs. At the time of pickup, you must return your Spin+ Scooter and any additional provided equipment, such as power cords and locks, in accordance with instructions provided to you. The Spin Scooter and any additional equipment must be returned in the same condition as they were delivered to you (ordinary wear and tear excepted).
c. Rescheduling Your Pickup Time. If you need to make a change to your scheduled pickup time, you may do so up to 12 hours prior. You may reschedule your pickup a total of two times, after which Spin reserves the right to charge you a pickup fee of up to $100.
d. Nonappearance at Delivery/Pickup Time. If you fail to appear at your scheduled delivery or pickup time (for pickup, you must show up with your Spin+ scooter and all additional provided equipment for return), Spin will wait up to 20 minutes for you to arrive and attempt to contact you during at that time. If you do not appear at your scheduled delivery, Spin reserves the right to charge your Payment Method in the amount of the first billing cycle fee. You will be asked to reschedule your Spin+ scooter as soon as possible. If you do not appear at your scheduled pickup, and you are not able to be reached by Spin, Spin reserves the right to charge you up to $200 per day that the Spin+ scooter remains in your possession.
- Abandoned, Lost or Stolen Scooter
a. Abandoned Scooter. If you abandon your Spin+ scooter, you will be responsible for any damage to the scooter or costs incurred, until the scooter is recovered and deactivated by Spin. Spin also reserves the right to charge you a service fee for recovering the abandoned scooter.
b. Lost or Stolen Scooter. If you fail to return your Spin+ scooter within 48 hours from your last scheduled pickup time and Spin is unable to contact you, Spin may deem the scooter lost or stolen. In such case, Spin, in its sole and absolute discretion, may charge you up to $1,300 and a police report may be filed. A scooter may be deemed lost or stolen if (a) the scooter’s GPS unit is disabled; (b) the scooter is not returned within 48 hours of your last scheduled pickup time; or (c) Spin has reasonable basis to believe that the scooter is lost or stolen. If Spin deems a scooter lost or stolen, Spin shall have the authority to take any and all actions it deems appropriate, including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. You agree to report a scooter disappearance or theft to Spin immediately or as soon as practicable.
- Damage to Scooter
a. Reporting Damage. You must report any damage, malfunction or other functional impairment of your Spin+ Scooter through the Spin App. Spin will review the information you provide and may request additional information. After review, Spin may, at its discretion, offer to swap out your scooter for another scooter, in which case it will schedule a pickup and delivery time with you.
b. Damage Charges. Spin reserves the right to charge you for damage to your Spin+ scooter caused by you or others, including but not limited to any vandalism, water damage, or theft, up to the value of the Spin+ scooter plus administrative and processing fees. You shall not be responsible for wear and tear incurred in the ordinary use of the scooter.
- Scooter Charging. You are responsible for charging your Spin+ Scooter using the charging cord provided by Spin to ensure that the scooter has adequate battery capacity for your intended use. You agree that you are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages to property, fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to you charging or attempting to charge the scooter. By choosing to charge a Spin+ Scooter, you assume full and complete responsibility for all related costs, risks, dangers, and hazards, and you agree that Spin and all other Released Persons (as defined below) are not responsible, and you will indemnify Spin and all Released Persons, for any injury, damage, or cost caused by you with respect to any person or property, including the Spin Scooter itself, directly or indirectly related to the charging of the Spin Scooter.
“Released Persons” as used herein means (i) Ford Motor Company ("Ford"), (ii) Skinny Labs Inc., d/b/a Spin ("Spin"), and (iii) to the fullest extent permitted by law, any (x) governmental entity (including, without limitation, any state, commonwealth, city, town, township, charter township, special district, village, borough, other municipal corporations, and unincorporated communities or jurisdictions) and (y) educational institution (including, without limitation, public and private universities and colleges, high schools, secondary schools, and primary schools) (each of (x) and (y), a "Municipality") with which Spin has contracted or at which Spin is providing Services, and each of Ford's, Spin's, and Municipality's 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 venturers, and each and all of their respective officers, investors, partners, directors, elected officials, servants, agents, shareholders, members, managers, principals, investment advisors, consultants, employees, representatives, attorneys, accountants, lenders, underwriters, and insurers.