Last Revised: March 23, 2018
THE SERVICES MADE AVAILABLE TO USERS OF SPIN ARE PROVIDED ONLY ON THE CONDITION THAT THE USER AGREES TO THE TERMS AND CONDITIONS IN THIS USER AGREEMENT (“AGREEMENT”) BETWEEN USER AND SKINNY LABS, INC. ("SPIN") BY ACCEPTING THIS AGREEMENT OR BY USING THE SERVICES, USER ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT.
IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT OR THE SERVICES, PLEASE CONTACT SPIN VIA EMAIL AT HELLO@SPIN.PM.
“Agreement” means this User Agreement.
“Apps” means the Spin proprietary software applications accessible via a mobile device or computer and by which members may access the Services.
“Corporate User Agreement” means the agreement between a business or other legal entity and Spin to provide the Services to the employees or members of such business or other legal entity.
“Effective Date” means the date on which your Application is approved by Spin.
https://spin.pm/privacy, as it may be updated by Spin from time to time.
“Rate Schedule” means the rate schedule currently referenced at https://spin.pm/prices, as it may be updated by Spin from time to time, and which is expressly incorporated herein by reference.
“Rules Schedule” means the rules schedule currently referenced at https://spin.pm/rules, as it may be updated by Spin from time to time, and which is expressly incorporated herein by reference.
“Spin” means Skinny Labs, Inc., a Delaware corporation with its principal place of business at 450 Mission St, Ste 400, San Francisco, CA 94105, USA.
“Spin Bike” means the vehicle or other transportation device, including, but not limited to, bicycles, electric bicycles, electric kick scooters, provided by Spin to User in accordance with the User.
“Services” means the Spin services as described in the Application and made available through the Site or the Apps.
“Site” means the Spin web site located at https://spin.pm.
“User” means an individual that has registered with Spin to use the Services.
“User Account” means a portal provided by Spin that is used by User to manage its User, billing information and other User information (e.g., name, address, email address, use privileges).
“User Fees” means the agreed upon fees set forth in an Application, and as adjusted from time to time and described in the Rate Schedule.
“User Term” means the agreed upon time period set forth in an Application, and all subsequent renewal periods.
User. Contingent on Spin acceptance of User’s Application, and subject to the terms and conditions of this Agreement, Spin will provide User the Services as set forth in the Application for the User Term. User may use the Services solely for User’s own purposes (not for the benefit of any other person or entity) during the User Term. If a business or other legal entity has entered into a Corporate User Agreement, the User’s covered by that Corporate User Agreement may use the Services solely for the purposes set forth in the Corporate User Agreement and Spin shall not be responsible for communicating such allowable uses to such Users.
Purpose of the Agreement. This Agreement is a bicycle-share service agreement between Spin and User, but does not in itself confer any right of use of the Spin Bikes. The User may use Spin Bikes belonging to Spin after registering. The User does not, by this Agreement or otherwise, acquire any rights of ownership or control over Spin, its operations or finances, or any vehicle or other transportation device made available for use by Users.
Spin is the owner of the Spin Bike and any item it makes available to User during the term of this Agreement.
Changes to User’s User. Spin retains the right to change, limit or deny the Services to a User for any reason at any time.
To be eligible for the Services, the User must:
Own or control a mobile device that is compatible with the Apps and the Spin Bikes. User is responsible for obtaining at its own expense all equipment and services needed to access the Services via such mobile device. User understands that its wireless carrier may charge it certain fees for data, text messaging, and other wireless access or communications services. Spin does not guarantee that the Apps can be accessed through all wireless devices or service plans or are available in all geographical locations.
Be at least 18 years old or are the Parent or Legal Guardian of the User, who is 13 years of age or older and have read and agreed to the terms, conditions, and agreement set forth on behalf of Parent or Legal Guardian and the User, and authorize the use of the Services by such minor User.
Security Deposit, Fees & Payment
Security Deposit. User may be required to pay Spin a refundable security deposit. No interest will be calculated or paid on any security deposit.
Within 60 days following the termination of the Agreement, any security deposit shall be reimbursed to the User, less any amounts owed to Spin by the User under the Agreement. Should the security deposit be insufficient to cover the amounts owed, Spin reserves the right to take any actions necessary to recover the full amount and charge its User any and all reasonable fees associated with its collection efforts.
Fees. The User agrees to pay to Spin the User Fees and other charges and fees, in accordance with the type of Service User has selected and as listed in the Rate Schedule as set forth at in the Apps and hereby expressly incorporated into this Agreement by reference.
RENEWAL: IF THE USER SELECT PLAN THAT INCLUDES A MONTHLY FEE, SPIN WILL IMMEDIATELY CHARGE THE MONTHLY PAYMENT TO YOUR SELECTED PAYMENT METHOD FOR THE FIRST MONTH, AND WILL RENEW SUCH PLAN AUTOMATICALLY AT THE END OF THE MONTHLY PERIOD, AND CHARGE THE MONTHLY FEE FOR SUCCESSIVE MONTHS, UNLESS YOU CANCEL YOUR PLAN, OR SELECT A DIFFERENT PLAN, WITHIN 30 DAYS OF SELECTING YOUR PLAN.
IF YOU RELOAD RIDE CREDITS, SPIN WILL AUTO RELOAD SAID CREDITS WHEN YOUR BALANCE RUNS LOW. THE USER MAY DISABLE AUTO RELOAD IN THE ACCOUNTS SCREENS IN THE APPS.
No Refunds. All fees relating to the User, including the User Fees, Plans, reloads, and other costs and fees as provided in this Agreement and the Rate Schedule are final and nonrefundable.
Method of Payment. User shall pay all fees and costs incurred when due, including application fees, User Fees and other costs and fees as provided in this Agreement and the Rate Schedule. User agrees that Spin may charge User’s selected payment method for any such payments. Spin accepts payments through payment methods detailed on the applicable payment screen, which may include various credit cards, Stripe, Square, and PayPal. User may be asked to provide Spin with a credit card number from a card issuer that Spin accepts in order to activate and/or pay for any fees related to the Services.
Pre-Authorization. Spin may seek pre-authorization of User’s credit card account prior to a fee or cost becoming due to verify the credit card is valid and/or has the necessary funds or credit available to cover such fees or costs.
Disputed Charges. USER AGREES TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO USER IN WRITING TO SPIN WITHIN 30 DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
Delinquent Accounts. Any User Account which is delinquent will be suspended or terminated solely at Spin’ discretion. Any credit card which is rejected may result in suspension or termination of User solely at Spin’s discretion. The User must notify Spin in the event of the credit card on record being changed, expiring, or being no longer valid and replace it with a valid credit card. Spin Bike may seek third party assistance with unpaid or delinquent accounts if the User does not pay outstanding charges.
Maximum rental time & charges. Maximum rental time of a Spin Bike is 24 hours. User agrees to deactivate a Spin Bike rental within 24 hours of time that rental of the Spin Bike began. User may then rent again. User agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking the Spin Bike. The maximum day charge is $200 for each electric bike, $200 for each electric scooter and $50 for each non-electric bike, all based on a calendar day. After return of the Spin Bike, the User will be charged the accumulated rental charges, or the maximum day charge; whichever is less. A Spin Bike not returned (locked and a ride concluded within service zone) within 48 hours will be considered lost or stolen, and User may be charged up to $650 for each non-electric bike, $3,000 for each electric bike and $1,300 for each electric scooter, and a police report may be filed. Spin may also charge a service fee of $25 for rentals in excess of 24 hours where the Spin Bike is not lost or stolen.
User agrees to return the Spin Bike to Spin in the same condition in which it was rented. Until the Spin Bike is locked, the User shall be responsible for loss and damage to the bike. User will not be responsible for normal wear and tear.
Duties & Responsibilities of User
Acknowledgment. The User declares to Spin that it has received all reasonable explanations of the content of this Agreement, the Rules and the Rate Schedule currently in force and that it has taken all reasonable and prudent measures to ensure that it has correctly understood all of its commitments and obligations.
Reporting of Accidents & Cooperation. If, while User is in possession of a Spin Bike, the Spin Bike is involved in an incident that results in injury or damage to a third party or third party property, User must, as soon as possible, but in any event within 1 hour, notify 911 (if appropriate), contact the police and fill out an official police report, contact Spin immediately and provide the following information to Spin:
Date, time and location of incident;
Identification information for any other vehicles involved (e.g., license plate, vehicle identification number, make and model);
Insurance information for third party vehicles involved (e.g., policy number, name, address and phone number of insurance agent);
Contact information for third parties involved and owners of involved vehicles, if different (e.g., name, address, phone number, driver’s license number);
Contact information for witnesses (e.g., name, address, phone number); and Circumstances surrounding event.
User must not, without Spin’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the incident. In the event of injury or damage to a Spin Bike, a third party or third party property, User agrees to cooperate fully with Spin’ investigation of such event and the defense of any resulting claim or litigation.
User agrees that Spin or its insurer may at its own cost bring, defend, enforce, or settle any legal proceeding against a third party in User’s name in relation to the incident.
Indemnification & Limitation of Liability
User agrees to indemnify, defend, and hold Spin harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by Spin arising from or related to User’s use of a Spin Bike or any person permitted by User to use a Spin Bike.
Indemnification of Spin Bike Rental Locations. The User agrees to indemnify and hold harmless third party garages or locations where Spin parks Spin Bikes for Users to pick up, drop off, or otherwise operate during the course of their reservation or while present at said locations using the Spin Bike app and/or with any purpose associated with their Spin Bike membership.
LIMITATION OF SPIN’ LIABILITY. Except to the extent THAT ANY LOSS OR DAMAGE IS due SOLELY to Spin’s Negligence: SPIN MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF A SPIN BIKE, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPIN IS NOT LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USER’S USE OF A SPIN BIKE.
Spin shall not be responsible for any loss of, or damage to, any goods in or on the Spin Bike, including User’s mobile device that is running the App, nor shall it be responsible for any loss or damage to third parties for the actions taken by any User during the period User is responsible for a Spin Bike.
User does not guarantee the availability of a Spin Bike for use by User. The use of Spin Bikes by Users is subject to availability, on a first-come, first-served basis, and although Spin’ makes an effort to meet the demand for Spin Bikes by Users, Spin cannot guarantee that supply will be adequate to provide a Spin Bike to User at any given time. Spin cannot and does not guarantee the availability or functionality of a Spin Bike, whether or not reserved, and shall not be responsible for any direct, indirect, incidental or consequential damages or injuries arising from the reservation, non-availability, supply, operation or use of a Spin Bike, even if it has been advised of the possibility of such damages.
Spin shall not be responsible for direct, indirect, incidental or consequential damages or injuries arising from the use of any Spin Bike accessories supplied by Spin (e.g., helmet, lock). The User is responsible for the safe use of such accessories and must check their condition before each use. If any accessory is found not to be in good condition or working order, User should not use such accessory and should promptly notify Spin and request a replacement.
ANY USE OF A SPIN THAT IS PROHIBITED BY THIS AGREEMENT VOIDS ALL INSURANCE, ACCIDENT, OR LIABILITY COVERAGES, INCLUDING ANY CDW (WHERE PERMITTED BY LAW); MAKES SPIN SUBJECT TO IMMEDIATE RECOVERY BY SPIN WITHOUT NOTICE TO USER; AND MAKES USER RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE SPIN BIKE, INCLUDING SPIN’ EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE.
Changes to the Agreement, Term, Notices
Spin reserves the right to revise this Agreement in its sole discretion at any time and shall give notice to User of such revisions. Notice will be considered given when the revised Agreement is posted to the Site or on the Apps or when sent by email to the User email address on file with Spin. Any revisions to the Agreement are effective upon such notification. The Agreement will be identified as of the most recent date of revision. User should visit this page regularly to ensure its continued acceptance of this Agreement. User’s continued use of the Services after any revision to these Terms constitutes its binding acceptance of the revised Agreement. Notwithstanding the preceding sentences of this Section 8, no revisions to this Agreement will apply to any dispute between User and Spin that arose prior to the date of such revision.
Term and Termination of the Agreement; Renewal. The Agreement shall be in force until terminated pursuant to this Section 9 or as otherwise provided in the Agreement, as applicable.
Termination by User. User may terminate this Agreement at any time without cause upon one week written notice to Spin. In order to be effective, notice of termination must be sent to Spin by email at email@example.com.
Termination by Spin. Without Cause. Spin may terminate this Agreement at any time without cause upon one week written notice to User.
For Cause. This Agreement shall be automatically and immediately terminated, upon written notice by Spin to the User if the User: is not paying its debts as such debts generally become due; becomes insolvent; files, or has filed against it, a petition (or other document) under any bankruptcy law or similar law that is unresolved within sixty (60) days after the filing of such petition (or document); proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors; makes a general assignment for the benefit of creditors; if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of its property or business; or is convicted of a driving-related criminal offense (e.g., such as driving under the influence of alcohol or controlled substances, hit-and-run, reckless driving).
Spin may, at any time, without notice, immediately terminate the Agreement if the User fails to pay any sum due under the Agreement or the Rate Schedule.
Spin may, at any time, without notice, immediately terminate the Agreement if the User does not comply with any term or condition specified in the Agreement or the Site or Apps.
In case of termination, the User agrees to return immediately to Spin any Spin Bike, or any other article User might have in its possession under the User.
User agrees to pay any attorneys’ fees, court costs or costs of other legal procedures necessary for Spin to recover any amounts due and owing, the Spin Bike or any other object the User might have in its possession under this Agreement.
User shall be responsible for any fees or costs incurred up to and including the date of termination.
Penalties. In addition to all its other rights and recourses set out in the Agreement, Spin reserves the right to impose service fees on the User, in case of non-observance by the User of any provision of this Agreement, in the manner and amounts specified in the Agreement and/or the Rate Schedule.
Choice of Law; Venue. Any dispute arising out of or relating to this Agreement or the breach thereof shall be governed by the federal laws of the United States and the laws of the State of California, USA for all claims, without regard to or application of choice of laws, rules or principles. The parties hereby consent to the exclusive jurisdiction of the state and federal courts in California, USA, for all claims and both parties expressly waive any objections or defense based upon lack of personal jurisdiction or venue. 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.
Notices. User must provide any notice required in accordance with this Agreement via the User Account or the following email address: firstname.lastname@example.org. Spin’ routine communications regarding the Services and any legal notices will be sent to the User either electronically (via User Account, the User email address on record or by text message to the User’s mobile device using the number provided by User), by United States mail or by courier, except that Spin may give notice of an amendment to the Agreement by posting the notice on the Site, the User Account, or by email to the email address on record. By providing User’s mobile telephone number to Spin, User consents to receive text messages from Spin relating to the provision of the Services. Notices are deemed received as of the time delivered. Spin may periodically send User messages of an informational or advertising nature via email. User may choose to “opt-out” of receiving these messages by selecting the “opt-in” or “opt-out” link, as the case may be, at the foot of every such email. User acknowledges and agrees that notwithstanding User’s request to opt out from such messages, Spin may still send and User may still receive emails or text messages reasonably required for the proper conduct of the Services. If User does not wish to receive any messages from Spin, User must terminate its User and cease using the Services.
Data Breach Notification. Notwithstanding User’s determination to opt-out of receiving electronic messages or cease use of the Services, User agrees that in the event an incident occurs in which a third party obtains unauthorized access to User’s personal data provided to Spin, User agrees that should Spin become legally obligated to provide notice of such unauthorized access Spin may provide such notice to User electronically by using the email address or mobile telephone number provided by User.
Corporate User Agreement. Under this Agreement, an employee or member of a business or other legal entity has entered into a Corporate User Agreement shall be treated as a User for purposes of this Agreement. The entity and such User are jointly and severally responsible for their commitments to Spin and for any claim or other action Spin might take against them.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Spin without restriction. Any assignment attempted to be made by User in violation of this Section 13.b. 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 Spin to exercise any right or power occurring upon any noncompliance or default by the User 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 Spin of any of the covenants, conditions, or agreements to be performed by the User 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.
Severability. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
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, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.
Entire Agreement. This Agreement 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. Spin is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Spin.
If there is a conflict between the terms of the Application or a Schedule and the Agreement, the Agreement will govern.
Independent Contractors. Spin is an independent contractor and neither party is an agent of the other and neither party has the right to bind the other on any agreement with a third party.
Headings; Captions. The headings and captions used herein are for convenience only and are not part of the Agreement.
I, [to be completed electronically], have read and understand the Spin User Agreement.
Date: [to be completed electronically]
Signature: [to be completed electronically]
Rules Schedule. In addition to the rules and obligations set forth in the User Agreement, Users are required to abide by the rules set forth in this Rules Schedule. By becoming a User, you are deemed to have accepted and agree to abide by the rules set forth below. Failure to abide by this Rules Schedule may result in suspension or termination of your User.
Capitalized terms used herein, shall have the same meaning as given in the User Agreement.
Who May Operate a Spin Bike
Only Users in good standing may operate a Spin Bike.
Non-Users are expressly prohibited from operating a Spin Bike.
Subletting or re-letting of the Spin Bike to another person, even to another User, is expressly prohibited.
Only persons over the age of 18 may become a User and may operate a Spin Bike.
Only one person may ride a Spin Bike at a time.
Spin Bikes shall not be used as follows:
To propel or tow any vehicle, trailer, or other object
To transport animals of any kind or nature, living or otherwise
During a race, competition or to perform tricks
By a User while under the influence of drugs or alcohol
During the commission of a crime or other illegal activity
In a negligent or abusive manner or for any use outside the scope of a Spin Bike’s intended 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)
By anyone who has provided Spin with false information in order to become or remain a User
While there is inclement weather, including heavy rain, snow, electrical storms or strong wind, which make it more dangerous to operate a Spin Bike
While texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the Spin Bike that may distract from driving safely or otherwise engaging in any activity that may be prohibited by law
The foregoing list is not intended to be exhaustive and any unreasonable or inappropriate use of a Spin Bike, as determined by Spin in its sole discretion, or any violation of law will be deemed to be a violation of this Rules Schedule.
Reserving Spin Bikes
Spin Bikes are available to Users on a first-come-first-served basis or via reservation. Users using a Spin Bike on a first-come-first-served basis will be billed for the time they use the Spin Bike according to the Rate Schedule.
If a reservation is made available by Spin, Users shall make such reservation via the Site or an App in advance of use and will be billed at the time of the reservation. Reservations can be extended via the Site or App. Users may cancel or change an existing reservation via the Site or App until fifteen minutes after the reservation was made.
Spin Bike Use
User must secure the Spin Bike in clean and in good working condition after their trip. Prior to taking possession of a Spin Bike, User must inspect the Spin Bike for evidence of damage and disrepair. If any damage or disrepair is discovered, User must notify Spin immediately to avoid being held responsible for such damage or disrepair. If User fails to report any evidence of damage prior to using the Spin Bike, User may be liable for the cost of repairing the Spin Bike. For User’s own safety, User is prohibited from operating a Spin Bike if any of the following equipment is not in good working order: tires, brakes, lights.
Users are responsible for all charges and costs incurred, and any damages, related to the Spin Bike from the time a User activates a Spin Bike until the Spin Bike is returned and secured.
User must notify Spin immediately in the event that the Spin Bike: malfunctions; is damaged; or is stolen.
User is responsible for any violations, including but not limited to traffic violations incurred, including fines for late payment and any processing fees, due to User’s use of a Spin Bike. User agrees to pay for all violations incurred. Such violations must be reported to Spin as soon as reasonably possible, but in any event, in advance of the deadline to respond to the notice of violation. If User fails to pay for any violations incurred, and Spin pays such violations, member agrees that Spin may charge member’s payment method on record in accordance with the Agreement.
This schedule will be changed from time to time as Spin makes changes to its service. Applicable rates are stated in App before the ride.
Fees & Penalties
Pick Up Fees. If the User is unable return a Spin Bike to a valid area (i.e. User secures the Spin Bike on private property, a locked community, or another unreachable area), and requests that the Spin Bike be picked up by Spin staff, Spin, at its sole discretion, may choose to charge User a pick-up fee up to $100. If any Bike accessed under the User's account is abandoned without notice, User will be responsible for all fees until the Bike is recovered and deactivated, plus a service charge to recover the Spin Bike. Fees are subject to change.
PROMOTIONS AND REFERRAL PROGRAMS
From time to time, Spin may offer promotional discounts or credits ("Promotional Credits") to Users, or operate a referral program whereby Users who are interested can refer their friends or contacts to Spin for credits ("Referral Credits"). Spin reserves the right to withhold or deduct Promotional Credits or Referral Credits in the event that Spin determines or believes that the receipt of the Promotional Credit or Referral Credit was in error, fraudulent, illegal, or in violation of our rules or any other applicable agreement between you and Spin, as determined in Spin's sole discretion.