This document (“Service Agreement”) constitutes the agreement between any individual using electrically assisted scooters through the Taxify mobile App (“User”, “You” or “Your”), and Taxify OÜ, a limited liability company established under Estonian law, n°12417834, or Taxify’s affiliates (“Taxify”, We, “Us”, or “Our”).
The Service Agreement includes:
- the riding rules, locally applicable to the Territory where You use the Services, laid down in appendix 2 (“Riding Rules”);
- any pricing information and all the instructions set forth in the Taxify App.
The following definitions shall be applicable to the entire Service Agreement:
“Taxify App” or “App”: the mobile application owned by Taxify and available on the App Store and the Google Play Store.
“Insurance”: mandatory or optional insurance that Taxify can offer to its Users on certain Territories in order to cover certain uses of the Services. Warranties and exclusions of warranties may differ from one Territory to another.
“Account”: User account enabling, notably, the access to the App and the use of the Services.
“Promo Codes”: discount code enabling the User to benefit from a reduction on the price of a ride. Each Promo Code can be subject to any additional terms established on a per promotional code basis.
“Rental” or “Rental Period”: time where the User uses a Vehicle, starting at the unlocking (activation) of the Vehicle and terminating by the lock (deactivation) of the Vehicle, and its parking in compliance with the Riding Rules.
“Services”: the Vehicles, the Application and the Related Services.
“Related Services”: services related to the Vehicles such as their charge, maintenance, pick-up or other similar services made available to the User by Taxify.
“Territory”: area where the User must use the Services, as outlined in the App and specified in each Specific Terms applicable to each geographic area where Taxify deployed the Services.
“Vehicle”: electrically assisted scooter made available through the App.
1. Acceptance, modification and termination of the Service Agreement
- 1.1 The following Service Agreement is submitted to the User in the App before the unlocking of the Vehicle. Each time You unlock the Vehicle and start a Rental, You can access the Service Agreement by clicking on the link appearing on the unlocking screen. By unlocking the Vehicle, the User accepts and materializes his/her express consent of the Service Agreement. The Service Agreement is also available and downloadable on Taxify’s website.
- 1.2 The characteristics and the functioning of the Services are constantly evolving, in order to ensure their proper operation and quality which can lead to modifications of the Service Agreement at any time by Taxify. The changes will be in force as soon as they are published on Taxify’s website or in the App. Your continued use of the Services after such posting constitutes Your consent to be bound to the Service Agreement, as amended. We will notify You about amendments through the Taxify App, via contact information connected to Your Account, or in any other reasonable manner of notice which We elect, at least 7 days before the release of the amendments.
- 1.3 The Service Agreement is concluded for an unlimited duration and your acceptance of its terms is renewed upon each Rental, in compliance with article 1.1 above. The User can terminate the Service Agreement at any time, by contacting Taxify at the following contact address firstname.lastname@example.org. The Service Agreement may be terminated by Taxify where the User failed to comply with its obligations. You can reclaim at any time and upon request the credits available on Your Account, that We will pay You back within 7 business days following Your request.
2. User eligibility and use of the Account
- 2.1 You are eligible to the Use of the Services if:
- 2.1.1 You have an Account;
- 2.1.2 the Account is linked with Your valid credit or debit card or other payment option supported by the Taxify App in the Territory where You use the Services;
- 2.1.3 You are at least 18, or any lower minimum age set forth in the Specific Terms applicable to the Territory where You Use the Services;
- 2.1.4 You have a valid driver's license when so required by traffic laws and regulations applicable in the Territory where You use the Services and for the driving of the Vehicle You are using.
- 2.2 When creating and using Your Account and the Services You:
- 2.2.1 agree to only use Your real name, accurate personal and card information for setting up the Account, and keep such information up to date at all times;
- 2.2.2 agree that You may be requested to provide proof of identity in the form of picture from Your driving license or government identification document to obtain or maintain access the Services;
- 2.2.3 except in the event of a security breach attributable to Taxify or unauthorized or fraudulent use of Your account by a third-party, You are liable for the access control and security of Your Account, and responsible for all the actions carried out under Your Account, including, but not limited to, the unlocking (activation), the use and the locking (deactivation) of the Vehicle. You are also responsible of the
proper parking of Your Vehicle, in compliance with the Service Agreement and in particular the Riding Rules; and
inconvenient or very inconvenient parking of the Vehicle, or parking not in compliance with the Riding Rules.
However, You shall not be liable if You have notified an unauthorized or fraudulent use of Your Account, in compliance with article 2.2.4.
- 2.2.4 agree to notify Us immediately, through the Taxify App (or to the following contact address: email@example.com) if You become aware of any unauthorized or fraudulent access of Your Account, or any other situation that may cause loss of Your Account’s control.
Without notice from You within a reasonable time after an unauthorized or fraudulent access to Your Account, You shall be liable for the uses of the Services by a third-party.
- 2.2.5 agree that We have the right to monitor Your use of the Account, as well as suspend or disable it each time You fail to fulfill one of the obligations set forth in the Service Agreement and to the extent and whenever that is required to:
secure lawful use of Taxify App, including without limitation for fraud prevention, risk assessment, investigation and customer support purposes;
ensure Your compliance with this Agreement; and
comply with applicable law or the order of a court, law enforcement or other administrative agency or governmental body.
- Processing of personal data
- 3.1 We process the information related to Your Account, including personal data linked to Your Account or generated as a result of the use of the Services pursuant to this Agreement, to the extent necessary to:
- 3.1.1 provide and improve the Services;
- 3.1.2 resolve Your support requests (customer support);
- 3.1.3 investigate and monitor any suspected breaches of this Agreement;
- 3.1.4 investigate and monitor any suspected breaches of information security, or to implement security, and vulnerability checks and scanning for the information security purposes
- 3.1.5 screen Account information against third party and law enforcement databases and request and process such reports, if that is required by (i) – (iii) of Section 2.2.5;
- 3.1.6 involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; and
- 3.1.7 prosecute violators of this Agreement.
- 3.2 agree that We may send You text (SMS) and e-mail messages in connection the Services. You may opt-out of receiving such messages from Us at any time by following the directions found at https://goo.gl/nwuy3J. You acknowledge that opting out may impact Your use of the Services and that opt-out does not extend to information and messages required by applicable law (e.g. invoices or receipts).
4. Use of the Vehicle
- 4.1 Before using the Vehicle, You have to make sure You are physically fit, and have the necessary skills and expertise to use, ride and operate the Vehicle in a safe manner and in compliance with the Riding Rules.
- 4.2 By unlocking the Vehicle You agree:
- 4.2.1 that the Vehicle, and any equipment attached thereto, at all times, remains Our property, and that You shall not dismantle, write on, or otherwise modify, repair or deface the Vehicle;
- 4.2.2 to use the Vehicle in accordance with the obligations and recommendations set forth in the Service Agreement (including Riding Rules, instructions, manuals and guidelines displayed in the Taxify App and the Specific Terms);
- 4.2.3 not to allow any other person to use the Vehicle unlocked by You;
- 4.2.4 to assume full responsibility for care of the Vehicle during the Rental Period;
- 4.2.5 to return the Vehicle in the same condition in which it was rented and to park it in compliance with the parking regulations applicable to the Territory where You use the Services, detailed in part in the Specific Terms and the Riding Rules below. If the Vehicle is returned damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair pursuant to article 5.3.2; and
- 4.2.6 not to ride the Vehicle for freight transport purposes, whether in return of payment or not, or use the Vehicle for any other professional purpose.
- 4.3 If the Vehicle runs out of charging power during a Rental, You shall end the Rental in compliance with the instructions of the Taxify App and terms of the Service Agreement, and park the Vehicle in compliance with the parking regulations applicable to the Territory where You Use the Services, detailed in part in the Specific Terms and the Riding Rules.
Alternatively, at the User’s sole discretion, the User may charge the Vehicle by plugging its charging cord into an outlet that may be lawfully used for such purpose. You agree to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where You charge the Vehicle.
- 4.4 You must report any accident, crash, damage, personal injury, stolen or lost Vehicle by contacting Us at firstname.lastname@example.org as soon as possible. If the incident involves personal injury, property damage, or a stolen Vehicle, You shall file a report with the local police department within 24 hours as from the event.
5. Pricing and penalties
- 5.1 You will be charged fees for Your use of the Vehicle and Services in accordance with the price provided in the Taxify App. Each Rental starts when You click "Unlock" and terminates when You click "Finish the ride" or any equivalent button(s) on the Taxify App. The price You pay is based on a fixed fee identical for each Rental, to which another fee is added, such fee varying according to the duration of the Rental. This price may differ according to the Territory where You use the Services (You can refer to the dedicated provision of the Specific Terms on pricing or the Taxify App if You want more information on pricing). The price You pay and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Us. At the end of each Rental, you will receive a summary including the price You have been charged.
- 5.2 We may issue Promo Codes. We reserve the right to modify or cancel Promo Codes at any time at Our sole and absolute discretion. We suspend or cancel Promo Code(s) whenever We have grounds to believe that the use or redemption of the Promo Code(s) was in error, fraudulent, illegal.
5.3 If the unlocked Vehicle with Your Account:
- 5.3.1 is parked outside the Territory where You use the Services, or not in compliance with the parking rules contained in the Riding Rules applicable to Your Territory, then We may charge You a fee of a maximum amount of 100 euros;
- 5.3.2 appears to be damaged beyond normal wear and tear, or in a state of disrepair, then We may charge You a fee that is equal to the cost of repair or replacement of the Vehicle and equipment;
- 5.3.3 is abandoned without notice according to section 2.2.4, You will be responsible for all fees until the Vehicle is recovered, plus a search charge of a maximum amount of 120 euros. These fees will vary according to the time necessary to recover the Vehicle;
- 5.3.4 is not returned (Rental finished and Vehicle parked) within 24 hours. We may consider the Vehicle lost or stolen, in which case We may charge You up to 500 euros per Vehicle and file a police report against You.
5.4 You agree to pay any fines, fees, penalties, and/or any other charges incurred by Us, that result from You parking any Vehicle improperly, or as a result of You violating any law, rule, regulation, or ordinance while using the Services.
5.5 All amounts due and payable to Us will be charged to Your credit or debit card, or through any other payment option supported by Us. If these payment methods fail, other collection procedures will be employed. You agree to compensate all Our collection costs, when You do not pay amounts owed to Us when due.
5.6 You authorize Us to charge the cards and payment options linked to Your Account for all fees and charges incurred by You pursuant to the Service Agreement. Such fees and charges may be subject to applicable taxes or similar extra payments, which may be charged and collected by Taxify. If You dispute any transactions charged to Your credit or debit card, or through other payment option supported by Us, then You must contact Us within 10 business days, according to section 2.2.4, from the end of the month with the relevant details of the disputed transaction, including underlying trip information that is necessary to identify the disputed charge. You agree to immediately inform Us of any changes relating to the card or payment option linked to Your Account that may impair Our ability to charge You pursuant to the Service Agreement.
- 6.1 You acknowledge and agree that Your use of the Services, Vehicles and related equipment, is at Your sole and individual risk, and that Our liability is limited to general requirements usually enforced against professionals in the Territory where You use the Services. For more information on Our liability on the Territory where You use the services, please refer to the dedicated article in the Specific Terms below. In any event, You fully understand that the Use of the Vehicle involves risks, including:
- 6.1.1 using the Vehicle exposes You to many risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that those risks, dangers, and hazards cannot always be predicted or avoided;
- 6.1.2 the Vehicle is a machine that may malfunction, even when properly maintained, and that such malfunction may cause injuries;
- 6.1.3 the Vehicle is major source of danger, and that if the death of, or damage to the health or property of a victim is caused as a result of danger characteristic of the Vehicle, then You as a person who managed the Vehicle, shall be held liable regardless of Your culpability;
- 6.1.4 and wearing a helmet other protective equipment and diligent compliance with the Riding Rules and this Agreement are essential to reduce Your risk of injury and risk of causing injuries or patrimonial damage to the others.
- 6.2 Depending on the applicable law to the Territory where You use the Services and depending on the applicability, to Your benefit, of an Insurance, You could be held liable for compensation of all damages by Your breach of any provision of the Service Agreement. If Your use of any of the Services causes any injury or damage to another person or property, then You will be, as the case may be, liable for all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown.
- 6.3 Taxify provides an Insurance in some of the Territories where the Services are deployed, in order to insure, subject to limitations and exceptions of this Insurance, liability you incur in respect of injury to a third party or accidental damage to the physical property of a third party arising from Your use of the Vehicle. The Insurance can be either included in the price, or optional. In the latter case, if You have not paid for the Insurance Cover, then You will assume liability for any and all damages you caused. In any event, before using the Services, We recommend You to check if Your personal civil liability insurance covers Your use of the Services.
- 6.4 The User is informed that the App can be suspended in case of technical dysfunction or in order to conduct maintenance operations. We decline any liability for damages caused by the unavailability or malfunction of the App. Where a technical dysfunction impedes the proper functioning of the App, Taxify will endeavor the necessary actions in order to restore its functioning.
- 6.5 Taxify and the User shall not be responsible for damages or for delays or failures in performance resulting from circumstances beyond the reasonable control of the non-performing party, including, without limitation an element of nature or an act of God, earthquake, fire, flood, war, terrorism, civil, industrial or military disturbance, sabotage, labour strike or lock-outs, pandemic, epidemic, riot, loss or malfunctioning of utilities or communication services, major cyber-attack, court order, act of civil or military authority, or governmental, judicial or regulatory action.
7. Governing law and dispute resolutions
- 7.1 The following General Terms shall be governed and construed by the applicable law to the Territory where You use the Services, set forth in the Specific Terms.
- 7.2 Any dispute arising from the conclusion, interpretation or execution of the Service Agreement shall be subject to the jurisdictions specified in the forum claus e set forth in the Specific Terms.
- 8.1 You agree that We may assign the Service Agreement to any other entity, unless such assignment diminishes Your guarantees contained in the Service Agreement.
- 8.2 In case of conflict or contradiction between the General Terms and the Specific Terms, the Specific Terms shall prevail.
Appendix 1: Specific Terms applicable to the Territory where You Use the Services
- 1.1 The following Specific Terms shall be applicable to the use of the Service in Mainland France, within the boundaries of the Territory as outlined in the Taxify App and hereafter defined:
Territory: city of Paris, within the 20 boroughs (“arrondissements”), to the exclusion of the Bois de Boulogne and Bois de Vincennes.
You must use the Services and ride the Vehicle only within the Territory and as outlined in the Taxify App, otherwise You expose Yourself to the penalties set forth in article 5.3 of the General Terms.
- 1.2 The Specific Terms are part of the Service Agreement. They complement and specify the General Terms. In case of conflict or contradiction between the General Terms and the Specific Terms, the Specific Terms shall prevail.
- 1.3 The Services are provided, within the Territory, by Taxify OÜ, a limited liability company established under Estonian law, n°12417834, located 39 Vana-Louna 10134, Tallinn, Estonia.
- 1.4 The Services are billed, within the Territory, by Billify OÜ, a limited liability company established under Estonian law, n°1453290, located 39 Vana-Louna 10134, Tallin, Estonia.
- 1.5 The available Vehicles within the Territory are the following:
2. User eligibility
- 2.1 By way of derogation to section 2.1.3 of the General Terms, the minimum age to use the Services is 16 years old.
3.1 The price of a Rental is calculated as follows: for each Rental, You pay a fixed fee identical for each ride, to which another fee is added according to the duration of the Rental.
3.2 Before each Rental, when you click on a Vehicle available for a Rental, You are informed of the applicable rate in the App (amount of the fixed fee + per minute rate). By unlocking (activating) the Vehicle, you accept the rates and you agree to pay the price of the Rental. After the Rental, We will send You a summary that will include the cost of the Rental.
4. Warning mechanism of damaged or improperly-parked electrically assisted scooters
- 4.1 In order to avoid any excessive concentration of parked or damaged electrically assisted scooters on public roads and in line with Our commitments with the Paris City Hall, You agree to report to Us any Vehicle that is:
- inconveniently or very inconveniently parked;
- or not standing on two wheels but laying on the ground.
5. Liability of Taxify
5.1 By using the Services, You acknowledge and agree that their use may involve risks for Your physical integrity and for third parties, and that You may cause damages to properties. In case of personal injury or material damages, Taxify will not be liable where:
- 5.1.1 You caused the damage, and in particular, but not limited to, in the following situations:
- You breached one or several provisions of the Service Agreement;
- You did not comply with the Riding Rules and the safety rules set forth in it;
- You do not follow the guidelines in the App;
- You allowed a third party using a Vehicle;
- You ride the Vehicle under the influence of alcohol or drugs.
- 5.1.2 the damage is caused by the unforeseeable and insurmountable act of a third party to the Service Agreement, for instance: failure of the Internet, disturbance or unavailability of the telecom networks, inability to provide the Service following a breakdown or a malfunctioning of satellites or a power cut.
- 5.1.3 the damage is caused, directly or indirectly, by force majeure, within the meaning of the Cour de cassation.
5.2 Taxify’s liability is limited to specific, direct and foreseeable damages. Taxify shall not be held liable, in any event, for indirect damages such as market losses, commercial damages, customer losses, commercial troubles, profit losses or damages to corporate image.
5.3 In any event, as the Services rely on a self-service basis, Taxify shall not be held liable against the User for the temporary unavailability of Vehicles to rent, or the lack of battery, where the level of charge is communicated to the User.
6.1 By unlocking the Vehicle through the Taxify App, You subscribe to the following Insurance: “Personal accidents Liability” from Axa France IARD (contract n°10300315904), applicable in the Territory, covering You in case of accidental death or permanent disability during the Rental of the Vehicle, which price is included in the Rental.
6.2 The Insurance is automatically subscribed, without further formalities, as long as the following cumulative conditions are met:
- You use the Taxify App with Your Account and under Your identity;
- You use a payment option under Your name;
- You use the Vehicle or the Services in the Territory;
- You don’t use the Vehicle more than 24 hours (in accordance with the General Terms, We will consider stolen any Vehicle not returned within 24 hours following the start of a Rental)
- You are not under alcohol or drug influence.
IF YOU DO NOT RESPECT ONE OF THOSE CONDITIONS, YOU ARE NOT COVERED AND THE GUARANTEES DO NOT APPLY.
- 6.3 The Insurance covers You during the Rental, meaning from the moment of the unlocking (deactivation) of the Vehicle, to the locking (deactivation) of the Vehicle. The date and time on the summary of the Rental shall prevail.
6.4 Insurance exceptions are the following:
damages caused to goods (for instance, and without limitation, damages caused to other vehicles or urban furniture); and
damages caused to third-parties.
6.5 Following an accident, for instance a crash with another vehicle, a bicycle, a pedestrian, the breakdown of a Vehicle, or a failure of a certain gravity, the User shall promptly inform Taxify according to article 2.2.4 of the General Terms, and as accurately as possible, describe the circumstances of the event, in the 24 hours following the occurrence of the event. If the User does not inform Taxify, Taxify will suspend its access to the Services.
7. No withdrawal right
- 7.1 In compliance with article L.221-28 of the Consumer Code, the withdrawal right cannot be exercised for service contracts after the service has been fully performed before the end of the withdrawal period (14 days). By unlocking a Vehicle and using the Services, You expressly waive Your right of withdrawal.
8. Governing law and dispute resolution
- 8.1 The Specific Terms shall be governed by and construed under French law.
- 8.2 In the event of a dispute, the User can submit a written request in order to try to find a settlement to the following address: email@example.com.
- 8.3 In compliance with articles L611-1 et seq. and R612-1 et seq. of the Consumer Code, for any dispute of a contractual nature concerning the execution of a sale contract / or the furniture of a service which could not be solved following a written request submitted to Taxify beforehand, Users can rely freely on mediation. The User shall contact the Association Nationale des Médiateurs (ANM), either through mail by writing to the following address: ANM, 62 rue Tiquetonne, 75002 Paris, or by email, by fulfilling the form available online at the following address: www.anm-conso.com.
- 8.4 The User can also rely on the dispute resolution mechanism offered by the European Commission in accordance with Regulation (UE) n°524/2013. The platform can be accessed at the following address: https://webgate.ec.europa.eu/odr/. The following website www.economie.gouv.fr/mediation-conso also contains useful information is case of a transnational dispute.
- 8.5 Any dispute arising from the conclusion, interpretation or execution of the Service Agreement shall be subject to courts within the jurisdiction of the Paris Court of Appeals.
Appendix 2: Riding rules – electrically assisted scooters
1. Safety checks
1.1 It is Your responsibility to conduct a safety check prior to the Use of the Vehicle, that includes, without limitation, the following checks:
- (a) good condition of the frame;
- (b) good condition of wheels;
- (c) safe operation of brakes;
- (d) sufficient battery power;
- (e) testing that the bell of the Vehicle is working, as applicable;
- (f) lights and reflectors, as applicable, are in good working condition if You intend to ride the Vehicle during the hours of darkness;
- (g) ensuring that mudguards are attached properly to avoid dirt and mud from hindering control of the Vehicle;
- (h) Vehicle is free from any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need;
1.2 Throughout the ride You shall constantly monitor that the Vehicle and its operation complies with the above safety requirements. If, at any time during the Rental, You discover that it is no longer possible to use the Vehicle in compliance with the safety checks set forth above or notice any other potentially unsafe defect, condition or threat, You must immediately cease riding the Vehicle, when it is safe to do so, and notify Our customer support at the following address: firstname.lastname@example.org.
2. Road Safety
- 2.1 You shall ride and operate the Vehicle safely at all times. When using, riding or operating the Vehicle, You shall:
- (a) comply with all applicable traffic laws and regulations;
- (b) wear all safety gears recommended by the manufacture of the Vehicle (helmet, protective pads and proper shoes) and which are reasonably required to mitigate the risk of personal injury;
- (c) not operate the Vehicle under the influence of alcohol, drugs, medication or other substances that may impair Your ability to safely operate the Vehicle;
- (d) not use any mobile phone, tablet, laptop, text messaging device, music player, or other device that may distract You from safely operating the Vehicle;
- (e) not ride on sidewalks or pedestrian areas (pedestrians-only areas), or limit Your speed at a walking pace (around 6 km/h) and leave priority to pedestrians while You are riding on the sidewalks or a pedestrian area;
- (f) not exceed 25km/h, and as far as possible, ride on your right where You are riding on roads open to public traffic;
- (g) not ride the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal or poses nuisance to others;
- (h) not use the Vehicle for racing, mountain riding, stunt or trick riding;
- (i) not ride the Vehicle on expressways (for instance, highways or the périphérique) and roads not open to public traffic;
- (j) not ride the Vehicle against the flow of traffic;
- (k) not ride the Vehicle outside the Territory;
- (l) not ride in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, rain, or electrical storms;
- (m) not exceed the maximum weight limit (96kg);
- (n) not carry additional person(s);
- (o) not carry any items (e.g. briefcases, backpacks, bags and/or other items) if these may influence Your ability to safely operate the Vehicle;
- (p) wear light colored clothes to ensure that other road users are able to notice You easily.
3.1 The User undertakes:
- (a) not to park the Vehicle in a manner that may constitute inconvenient or very inconvenient parking according to the Traffic Regulations, and in particular:
- on areas where Your Vehicle would hinder the access to another stopped or parked vehicle, or the clearing of such vehicle;
- on bridges, in underpasses, tunnels and under overpasses;
- in front of building’s entrances;
- in front of devices dedicated to the charge of electric vehicles;
- on roads reserved to taxis and other transportation vehicles;
- on areas reserved to persons with reduced mobility;
- on areas reserved to cash transportation vehicles;
- on pedestrian crossings; and
- on cycle lanes.
(b) to favor parking:
- on or close to areas reserved for bikes, or if it is impossible
- on sidewalks, as close as possible of the road, while ensuring that You leave a minimum space of 1.40 meters between the Vehicle and the other side of the sidewalk.
You must park Your Vehicle in a visible manner, ensuring that the Vehicle does not obstruct public roads, hinder the traffic or the proper progression of pedestrians, and is always parked within the Territory indicated in the Taxify App.