These terms (the “Terms”) apply to your use of the electric vehicle (electric scooters, bikes, mopeds -- together “Vehicle”) marketplace applications and services (together the “Service”) provided by King Micromobility, Inc. (“King”). You may use the Service to test ride a vehicle, purchase a vehicle, or sell a privately owned vehicle. In any of those situations, when you register for the Service or use any part of the Service, you agree to follow and be bound by the Terms.
You represent that you are of legal age to form a binding contract and are not a person barred from forming a contract under the laws of any applicable jurisdiction. The Service is not intended for and is not designed to attract children under 16 years of age. If you do not agree with the Terms, you are not permitted to use the Service.
King reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any portion thereof with or without notice. You agree that King shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any portion thereof.
Registration for Service
To use the Service, you must register on King’s website or mobile app. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that King may use your User Data to provide the Service. If you provide any information that is inaccurate or not current, or King has reasonable grounds to suspect that such information is inaccurate or not current, King has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Service. Your mobile network's data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. King does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Use of Vehicles
Vehicles may not be used:
(a) by persons who are younger than 16 years old
(b) to carry other persons including children.
(c) to transport flammable, explosive, toxic or dangerous materials or substances.
(d) to participate in races.
(e) in stormy weather or other conditions that may cause damage to vehicles or injury to people or other property.
(f) under the influence of alcohol or drugs.
You are obliged to obey all road and traffic safety laws and regulations.
Riding ‘hands free’ is not allowed.
Unauthorized modifications or alterations to vehicles are not allowed.
If King becomes aware of unauthorized or improper use of vehicles, King may close your account and block you from using the Service in the future.
You may not change the provided lock or to provide it to third parties. In cases where it is found that a lock has been tampered with, a penalty of $150 will be applied.
If you park a vehicle on private property, it is your responsibility to ensure that all regulations for use and parking are followed.
King may remove vehicles from the Service, including racks, in its sole discretion for any reason.
Test Riding Vehicles
If you take a vehicle for a test ride, your test ride period begins when you receive an unlock code from King.
If you take a vehicle for a test ride, you must return it to the exact location where you picked it up, and lock it to the same rack. You must also use the Mobile App to explicitly end the session. You may be charged for additional rental periods if you don’t end the test ride session.
You must immediately inform King if you have problems testing or returning a vehicle. If you don’t do this, King may charge you the full purchase price of the vehicle.
You must be able to tell King where you left the vehicle at the end of your test ride.
If you don’t return the vehicle, provide false information or don’t return the bicycle correctly and the vehicle cannot be located within 6 hours, King will charge you the sale price of the vehicle.
Theft or Accident
If the bicycle is stolen during a test ride you must report the theft immediately to King and to the police, and you must promptly provide the police department’s file number to King. King may charge you the purchase price of the vehicle at its discretion.
If you are involved in an accident during a test ride that results in injury or damage to you, the vehicle, any third party or their property, you must report the accident to both the police and King immediately and you must promptly provide the police department’s file number to King.
Conditions for Sellers
If you wish to sell a vehicle using the Service, you must make sure the vehicle is in good working order, properly maintained, in safe condition and ready to ride. King may remove vehicles from the Service that are not in safe, saleable condition as determined in King’s sole discretion.
If you are a seller you must be able to prove you are the lawful owner of the vehicle, as determined in King’s sole discretion.
If King believes a vehicle has been abandoned, King will try to contact the seller using the contact information in the sellers’ Service account. If the seller does not remove the vehicle within 5 days following King’s notice date, King may remove the vehicle, put it in storage and dispose of it at King’s discretion. King will not be liable for vehicles so disposed of.
Conditions for Buyers
If you are a test rider or prospective buyer, it is your responsibility to make sure you understand how the vehicle works before you start riding.
It is also your responsibility to check that the vehicle is in a roadworthy and safe condition before you test ride it or purchase it (in particular screw and component fixings, frame condition, tire pressure, brake system, lights).
If you find technical defects or damage to a vehicle at any time, you should immediately find a safe place to stop, lock up the vehicle and contact King support.
Liabilities
You acknowledge and agree that use of the Service, including the vehicles, is at your own risk. You take full responsibility for any damages or injury due to your actions while using the Service (including the vehicles), and you are solely responsible for any liability claims resulting from actions or events resulting from your use of the Service or the use of any vehicles made available through the Service.
You will be liable for the repair and/or replacement cost of the vehicle if your actions result in loss or damage to it, as determined in King’s discretion. If you take a vehicle for a test ride, you are liable for it and any associated damages from the moment of receiving the lock code until you successfully return it as described above. If you purchase a vehicle, it is your sole responsibility from the moment your purchase is completed within the mobile app. Additional fees, charges and claims may apply if your intentional acts or gross negligence cause injury or damage to King or any third party.
You accept liability for all costs and damages that occur due to noncompliance with these Terms.
Payments
You must add preferred payment method to your Service account before selling, test riding or purchasing a vehicle (“Payment Method”). You may switch to a different Payment Method or update your information by visiting the “Account” page or by contacting us by email at support@kingmicromobility.com. You agree to pay all fees and charges incurred in connection with your use of the Service.
If you are a test rider or a buyer, King will charge you a test ride fees when you take a vehicle for a test ride (if applicable), and the purchase price of a vehicle you wish to buy. If your Payment Method is rejected for any reason, you agree to pay the applicable fees, plus any bank processing or other fees incurred by King.
If you are a seller, when your vehicle is sold King will transmit the purchase price to your account, less transaction fees and any other applicable charges. King reserves the right to withhold payment or charge back to your account any amounts otherwise due to King under these Terms, or any amounts due as a result of a breach of these Terms by you, pending King's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which may include required tax information for certain owners whose annual payments will exceed $600, or as otherwise required by applicable law. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to undeliverable payments may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify King in writing within 30 days of any such payment; failure to notify King shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by King. No other measurements or statistics of any kind shall be accepted by King or have any effect under these Terms.
User Conduct on the Service
You are responsible for the security of your password and access to your account. We use reasonable security measures to protect against unauthorized access to your account but no service is completely secure from unauthorized intrusion. You agree to immediately notify King of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to King.
You agree not to (and do not allow any third party to) (a) access the Service by any means other than through the interface that is provided by King for use in accessing the Service; (b) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or Content available on the Service (other than Content that you may submit), in whole or in part;(c) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (e) access (or attempt to access) the Service or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), (f) forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Service, or (g) use the Service other than for its intended purpose, as determined by King.
You acknowledge, consent and agree that King may access, preserve and disclose your User Data, Payment Method information and other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any material on the Service violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of King, its users and the public. Subject to the foregoing, King will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
You may connect with other users and share information online through the Service. King has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Service. King shall have no responsibility to confirm the identity, qualifications, background, or abilities of users. You shall at all times exercise common sense and good judgment when dealing with any user of the Service.
Dealings with Third Party Service Providers and Advertisers
King may place ads in the Service and/or provide links to websites, products and services offered by third parties. King is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, product, service or other materials on or available from such sites or resources.
Proprietary Rights
You acknowledge and agree that the Service, any necessary software used in connection with the Service (if any) and any content available on the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
The term King, the King logo and other King logos and product and service names are the exclusive trademarks of, and are owned by, King, Inc., and you may not use or display such trademarks in any manner without King’s prior written permission. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.
King reserves all rights not expressly granted hereunder.
Disclaimer of Warranties and Liability
THE SERVICE, VEHICLES SOLD THROUGH THE SERVICE AND ALL CONTENT AVAILABLE ON THE SERVICE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. KING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, VEHICLES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. KING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICE OR VEHICLES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT (A) RIDING BICYCLES CARRIES CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND (B) YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH YOUR BICYCLE RENTAL AND USE, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU ALSO EXPRESSLY AGREE THAT KING DOES NOT REVIEW OR EVALUATE WHETHER ANY ROAD CONDITIONS, WEATHER CONDITIONS, NATURAL OR MAN-MADE HAZARDS IN YOUR VICINITY ARE SAFE OR APPROPRIATE FOR YOU. KING ALSO DOES NOT INSPECT, SUPERVISE, MANAGE OR PROMOTE EVENTS OR GROUP ACTIVITIES SHOWN ON THE SERVICE, IF ANY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SAFETY IS YOUR SOLE RESPONSIBILITY.
YOU EXPRESSLY AGREE TO RELEASE KING, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES AND YOUR USE OF THE SERVICE, AND YOU PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY ASSOCIATED CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES (“CLAIMS”) EXCEPT TO THE EXTENT SUCH CLAIMS RESULTED FROM KING’S NEGLIGENCE OR INTENTIONAL MISCONDUCT.
THE AGGREGATE LIABILITY OF THE RELEASED SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) BICYCLES MADE AVAILABLE FOR PURCHASE AND SALE USING THE SERVICE, (B) YOUR USE OR MISUSE OF THE SERVICE, (C) YOUR DEALINGS WITH THIRD PARTIES THROUGH THE SERVICE, (D) ANY DELAY OR INABILITY TO USE THE SERVICE YOU MAY EXPERIENCE, (E) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE, OR (F) ANY OTHER CAUSE OF ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF KING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE RELEASED PARTIES’ LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF ANY OF THE FOREGOING ACTIONS WILL BE LIMITED TO $100 OR THE TOTAL PROCEEDS FROM THE SALE OF A BICYCLE PAYABLE TO YOU, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY MAY BE LIMITED IN CERTAIN JURISDICTIONS. IN SUCH CASE KING’S LIABILITY TO YOU WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold King and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise seek to make available through the Service, your use of the Service, your use of the vehicles, vehicles you make available for sale through the Service, your violation of the Terms, or your violation of any rights of another person or entity.
Termination
You agree that King may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees you owe in connection with the Service. Termination of your account may include (x) removal of access to all offerings within the Service, (y) deletion of your User Data and content associated with or inside your account, and (z) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in King’s sole discretion and that King shall not be liable to you or any third party for any termination of your account or access to the Service.
Applicable Laws
This Service is controlled by King from its offices within the United States of America. King makes no representation that the Service is appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Service from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. Any action related to the Service, the Content or the Terms shall be governed by the laws of Virginia and controlling U.S. federal law, without regard to conflicts of laws thereof. You and King agree that any claim arising out of or related to these Terms will be resolved by mandatory, binding arbitration by a single arbitrator under the auspices of JAMS, in Virginia, with the parties sharing equally the costs of arbitration. Arbitration will proceed according to JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules. The foregoing does not limit either party’s right to provisional or ancillary remedies from a court of competent jurisdiction before, after or during the pendency of any arbitration, and the exercise of any such remedy does not waive either party’s right to arbitration.
To the full extent permitted by law you agree: (1) not to join arbitration with any other party; (2) not to bring any claim or seek resolution of any dispute on a class-action basis or to utilize class-action procedures; and (3) not to bring any claim or seek resolution of any dispute in a purported representative capacity on behalf of the general public or any other persons. You specifically waive any purported rights to the contrary.
Judgment on an arbitration award may be entered by any court with competent jurisdiction. If any party brings a claim or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party shall recover against the other party, in addition to all fees, costs and disbursements, such sum as the court or arbitrator may determine to be reasonable attorneys’ fees.
Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one year after such claim or cause of action arose or be forever barred. The Sections entitled User Conduct, Dealings with Third Party Service Providers and Advertisers, Proprietary Rights, Disclaimer of Warranties and Liability, Indemnification, Applicable Laws and General shall survive termination of your account and/or the Terms.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and King as a result of the Terms or your use of the Service. The Terms constitute the entire agreement between you and King with respect to your use of the Service.
The failure of King to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of King. King has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Service.
King’s notice to you via email, regular mail or notices or links on the Service shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Section titles and headings in the Terms are for convenience only and have no legal or contractual effect.
Any rights not expressly granted herein are reserved.
Amendment of Terms
King may amend these Terms from time to time by posting an amended version at its website and sending you written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”). However, if you have an active transaction pending on the Service and give King written notice of rejection of the amendment prior to the Proposed Amendment Date, these Terms will continue under their original provisions and the amendment will become effective when that transaction closes or is withdrawn from the Service. If you have not prepaid for a time-based membership and object to any such changes, your sole recourse shall be to discontinue use of the Service. Your continued use of the Service following the Proposed Amendment Date will constitute your acceptance of such changes.
Support and Questions
If you have any questions regarding these Terms, please contact us by email at support@kingmicromobility.com