1. General information
The purpose of these terms and conditions is to provide an overview of the Services provided by Äike Mobility OÜ (registry code 16530912, address Dunkri 9, 10123 Tallinn, Estonia) (hereinafter ‘Äike’) to the Customer (hereinafter ‘Customer’ or ‘User’), hereinafter together referred to as ‘Parties’, and to indicate the rights and obligations of the Parties, and the terms and conditions to the subscription-based ride-sharing Service provided by Äike.
2.1. ‘Service’ – refers to the Service which is provided by Äike to the Customer based on the Subscription Model of using the Vehicle, in addition to adjacent services as described in these terms and conditions.
2.2. ‘Vehicle’ – light electric vehicle (i.e. E-Scooter) provided by Äike to the Customer to be used based on the terms and conditions of the Subscription.
2.3. ‘Customer’ or ‘User’ – the individual who has purchased the Subscription and agreed to its terms and conditions.
2.4. ‘Subscription’ – the authorisation of using the Services provided by Äike based on the Subscription Fee and according to the Subscription Model. The Subscription is determined as a contract entered into between Äike and the Customer.
2.5. ‘Subscription Fee’ – a fee that is subject to payment by the Customer for maintaining the Subscription.
2.6. ‘Term’ – the duration period of the Subscription, based on the chosen Subscription Model.
2.7. ‘Subscription Model’ – the Customer has the freedom to choose between different plans.
2.8. ‘BSTS Coverage’ – ‘Better Safe Than Sorry’ Coverage is a coverage provided by Äike to the Customer, which provides anti-theft and robbery protection. The Coverage is optional and can be purchased by the Customer. More information about the BSTS Coverage can be found here.
2.9. ‘Äike App’ – the Äike Application, which is an integral part of using the subscription Services. The Application can be found on both the Apple App Store for iOS devices and Google Play Store for Android devices.
3. Subscription and Access
3.1. By subscribing to the Service, the Customer acknowledges and confirms that they are of 18 years of age, have legal and financial capacity to enter into and become subject to the terms and conditions of the Service.
3.2. In order to check the personal data and identity of the Customer, Äike partners with the service provider Veriff.com. The Customer’s personal details submitted in relation to the ID check remain with Veriff.com and will not be processed or accessed by Äike, only information regarding the verification pass/fail status will be forwarded to Äike. Should Veriff.com report an unsuccessful ID result, Äike reserves the right not to enter into the contract with the Customer.
3.3. In the case of suspicious activity by the Customer (such as suspicion the user may be under 18), Äike may request info regarding the verification process from Veriff. This will only be done under the strict necessity to confirm whether the user is at least 18 of age to prevent personal identity theft by the Customer, and will be done according to respective provisions of the GDPR.
3.4. After the User has read through the terms of the Subscription Service, understands and consents to all obligations and terms, has passed the verification check and has successfully carried out the respective payments necessary for starting the Subscription, the User will be granted access to the Vehicle. The Subscription start day will be deemed as the first day of receiving and approving the received Vehicle by the Customer.
3.5. The Vehicle will be provided for the Customer’s personal use for the validity of the Subscription Term. In case of the end or termination of the Subscription Term, the User will enable the return of the Vehicle to the possession of Äike by a courier service. Äike will cover the costs for return shipping of the Vehicle unless the Subscription has been ended by breach of terms by the Customer, in which case the Customer is liable for the return shipping costs, which will be presented to the Customer together with the penalties adjacent to a breach of contract.
3.6. The Subscription will include a light electric Vehicle for the User’s personal use, maintenance service for the Vehicle provided by Äike, customer service, and other services respective to the Subscription Model chosen.
3.7. Äike reserves the right to make changes to these terms and conditions as necessary to adapt to changing legal or technical conditions. Changes will be announced to the Customer by notification via email and by publication on the Äike website and in the Äike App. Possible changes are considered as approved if the Customer does not object to them in text form within 14 days after receipt of the notification of change. Äike will inform the Customer separately about the right of objection and the legal consequence of silence together with the notification of change. In the case of the Customer’s objection to the change or addition of the terms and conditions, Äike is entitled to terminate the rental contract on the basis of these terms and conditions to the Customer with a notice period of four weeks.
4. Rights and Obligations of the Customer
4.1. The Customer is obligated to act in accordance with the terms and conditions provided herein.
4.2. The Customer is obliged to make themself familiar with the functioning of the Vehicle before using it and to observe the safety and usage instructions of the manual provided by Äike.
4.3. The Customer agrees to use the Vehicle in a responsible manner, in compliance with all applicable laws and regulations governing the territory of riding the Vehicle, including local traffic laws and will refrain from being under the influence of any substances when riding the Vehicle, and according to the terms and conditions applicable to the Service.
4.4. The Customer agrees to maintain the Vehicle in good working condition and exercise reasonable care when handling the Vehicle. The Customer agrees to refrain from damaging the Vehicle in any way, to protect the Vehicle to be damaged by third parties and outstanding forces, and to notify the customer service representative immediately in case the Vehicle has been damaged to enable maintenance to be carried out on the Vehicle to prevent further damages.
4.5. The Vehicle is subject to use only by the Customer and one guest user. If the 1st guest gets the access removed, then the primary user can assign the access to a new guest user, as the Vehicle may have two active users at a time. The Customer understands that it is strictly prohibited to provide third-person access to the Vehicle. In instances of third persons using the Vehicle are registered, Äike has the right to implement a penalty to the Customer and to extraordinarily terminate the ongoing Subscription.
4.6. The Customer is liable for locking the Vehicle within the Äike App each time the Vehicle is left unattended in order to prevent theft and use by unauthorised persons. If it should not be possible to lock the Vehicle properly due to a technical malfunction, the Vehicle must not be left behind without supervision, and the Customer is obliged to immediately inform Äike about the malfunction.
4.7. The Customer understands they are fully liable for damages inflicted on the Vehicle, including intentional and unintentional damages, by themselves or third parties, by traffic instances, or other occurrences. The extent of damages and cost of repair will be calculated during maintenance, and a respective invoice will be presented to the Customer. This does not cover regular wear and tear that comes with regular use of the Vehicle.
4.8. The Customer may purchase an optional ‘BSTS’ Coverage to be included in the Subscription for Äike to provide theft and robbery protection to the Customer. Pricing for this service is visible prior to choosing a Subscription Model.
4.9. The Customer is permitted to use the Vehicle for only personal use and to prevent it to be used by unauthorised users.
4.10. In case the Customer wishes to use the Vehicle for commercial purposes, such as providing courier services or other similar services, the Customer may purchase a respective ‘Heavy Use’ Subscription Model for that purpose.
4.11. Regular Subscription Models do not include the Vehicle being used for commercial purposes, including providing courier services with it or other similar services that would provide more wear and tear to the Vehicle than expected with the regular Subscription Models or exceed over 750 km in a period of 30 days. In case the Customer has not chosen the ‘Heavy Use’ Subscription Model, and Äike registers such cases where the Vehicle is being used commercially or over the limit of 750 km per month, the User will be given a penalty of 500€, a 50€ administration fee, and the monthly rate of €109.90 will apply retroactively. This amount shall be charged to the Customer in the next scheduled payment. Äike will provide written notice to the customer 14 days prior to the charge being due.
Äike reserves the right to check the mileage and condition of the Vehicle at maintenance or at any other time during the Subscription. If the average usage during this 30-day period exceeds 750km, Äike is entitled to retroactively charge the difference in price between the current Subscription fee and subscribed for by the Member and the ‘Heavy Use’ Subscription Model that allows a higher average usage over that period, plus a Charge for administration costs. If Äike determines the Vehicle has been used for commercial purposes, additional penalties may apply.
4.12. The Customer is liable for updating the personal data they have inserted into their account. Äike is not liable for errors in Service that are derived from incorrect personal information inserted into the User profile or Äike App by the User. Updating personal data or information can be done via Äike App or by sending an email to email@example.com.
5. Rights and Obligations of Äike
5.1. Äike is obligated to provide a Vehicle (E-Scooter) to the Customer after receiving the payment for starting the Subscription made by the Customer. The Vehicle must be in good working condition and meet the requirements of the terms and the description of the product. The Customer understands that the Vehicle may be previously used.
5.2. The shipping of the Vehicle will be done in a maximum of two weeks, which may be subject to additional delays due to the shipping company or unusually high demand for the Vehicles. The Subscription Term will start only after the Customer has confirmed they have received the Vehicle.
5.3. In case the Vehicle is not in working condition or does otherwise not meet the requirements of the Contract, Äike will organise the return shipping and assessment of the Vehicle and provide the Customer with a Vehicle that is in working condition.
6. Ownership and Trademarks
6.1. The ownership of the Vehicle, and all other items that may be accompanied to the Vehicle that are provided to the Customer along with the Subscription, remains with Äike, including during and after the Subscription Term. Äike reserves the right to request the User to return the Vehicle to Äike’s possession at any time in case of breach of the terms and conditions, or in case of suspicion of such an instance, according to the applicable laws and contract terms.
6.2. The User will not have a right to any trademarks registered by Äike during the Subscription period, nor will they have the right to falsely advertise the ownership of the Vehicle or trademarks. Such instances will result in a breach of contract and terms and conditions and may result in the termination of the Subscription.
6.3. The Customer will have the opportunity to purchase additional accessories and items from Äike. These ownership rights to such items will be transferred to the Customer upon receipt.
7. Payment and Subscription Models
7.1. The Customer has the freedom to choose a Subscription Model prior to entering into a contract with Äike. Each Subscription Model will have a specific Term and will be subject to respective conditions, such as the amount of the Payment Fee, terms for terminating of the Subscription, and other applicable terms specified in the Subscription Model description. The terms and conditions herein are subject to all Subscription Models except where specified otherwise.
7.2. Each Subscription Model will have respective pricing, according to the Services provided and according to the market conditions. Äike will reserve the right to provide discounts and to make other modifications to the price list at their sole discretion. In case Äike has modified the price list, the changes will not come into effect for ongoing Subscription Contracts, unless notified in writing to the Customer, according to the applicable laws.
7.3. The Subscription entered into between the Customer, and Äike is legally binding. The Customer agrees to conform to the payment terms applicable, based on the chosen Subscription Model.
7.4. Äike processes all payments via external payment service providers, including but not limited to Stripe. The Customer agrees that Äike only accepts payments through this service provider or that the service provider may debit the resulting amounts.
7.5. The Customer agrees to the automatic debiting of the owed invoice amount by selecting the payment method. In case of a possible contract extension or an applicable fee, Äike will automatically debit (collect) the owed invoice amount from the deposited payment method on the first day of the new contract period.
7.6. All prices are inclusive of the statutory value-added tax.
7.7. In case the Customer does not carry out the payments or provide sufficient funds to their payment method for the Payment Fee deadlines, Äike will have the right to temporarily deactivate the Vehicle until the payment has been resolved.
7.8. In case the Customer has not resolved their outstanding payment, the Customer will receive a demand to pay any outstanding amounts within fourteen (14) days. In case the payments due have not been resolved after the two-week notice period, Äike may use the services of a collection agency, to which an additional administration fee and a penalty will be issued and shall be deemed payable by the Customer.
7.9. In case the outstanding payment has exceeded the two-week notice period, Äike will also have the right to exercise the GPS tracking of the Vehicle and forward such information to the collection agency for the retrieval of the Vehicle owned by Äike. In case such a scenario has been implemented the Customer is obliged to make the vehicle available to Äike at the notified time. If the vehicle cannot be found (e.g., because it is located on private property), Äike can demand compensation for the incurred costs.
8. Termination of the Subscription
8.1. Cancellation of the Subscription is subject to the terms provided for individual Subscription Models. Cancellations can only be done for the indefinite term Subscription models by the Customer by email to Äike: firstname.lastname@example.org. The Subscription will be canceled from the first day of the month following a 30-day period starting from the cancellation request of the Customer.
8.2. The Customer is not eligible for canceling a fixed-term Subscription, for example, the Customer can not cancel a 12-month Subscription Term.
8.3. The fixed-term Subscription will become an indefinite contract automatically if the Customer does not notify Äike of the wish to end the Subscription 14 days prior to the end date of the Agreement. An indefinite contract is subject to the cancellation terms described in clause 8.1. of this T&C.
8.4. Upon termination of the Subscription, the Customer is obliged to book a handover date within the contract period via Äike App and to return the Vehicle, as well as any accessories that were provided together with the Vehicle to Äike.
8.5. If the Customer does not book a time with the courier for the return of the Vehicle after the end or cancellation of the Subscription, the Customer is obligated to pay the ongoing Subscription Fee for the duration of the withholding as compensation. In case the Customer misses a previously booked courier pick-up time without prior notice of 24 hours, Äike will charge the Customer a 50€ penalty for every missed courier pick-up time.
9. Maintenance of the Vehicle and Accessories
9.1. The Customer must retain the shipping package of the Vehicle for returning the Vehicle after the end of the Subscription. In case the Customer has discarded the original package, Äike will send the Customer a new shipping package to the provided address for a fee of 20€.
9.2. Äike reserves the right to inspect and maintain the Vehicle 24 hours after prior notice, as well as to carry out repairs or exchange the Vehicle.
9.3. The use of the battery is only allowed for the respective Vehicle. In case of battery malfunctioning, i.e., if the battery is submerged in water, the battery case is defective (bloated) or liquid is coming out, the Customer is obligated to immediately isolate the battery and inform Äike. In the case of a loss or theft of the battery, Äike may charge an additional fee in case the Customer has not chosen the BSTS Coverage.
9.4. The Customer is responsible for charging the battery and bears the costs for the consumed electricity. Recharging may only be done with a suitable USB-C charger.
9.5. Prior to the start of each use of the Vehicle, the Customer is obliged to check that the Vehicle is in good working order and roadworthy (in particular, the brakes and lights) and to refrain from using it when defective. In case of defects that occur during the ride or are noticed during the ride, the Customer is also obliged to immediately stop using the Vehicle, inform Äike about the defect and refrain from using the Vehicle until Äike repairs it.
9.6. It is not allowed to make changes to the Vehicle or its accessories, like painting, removing paint or similar alterations.
9.7. The attachment of accessories not included in the delivery and not covered by the subscription (“additional accessories”) that are customary for the respective vehicle type is permitted, provided that they can be removed without leaving any residue. In the case of a booked repair, the additional accessories must be removed before the vehicle is handed over to Äike. The attachment and removal of Additional Accessories shall be at the Customer’s own expense and risk. The customer is liable for any damages resulting from the attachment and/or removal of additional accessories to the vehicle. Äike assumes no liability for additional accessories attached by the customer, also not for their functionality, or for damages that occur due to the use of the additional accessories.
9.8. The vehicle is designed as a means of transport in urban areas, especially commuter traffic. It must not be used in an unusual manner, loaded above the recommended weight limit of 150 kg, or subjected to inappropriate conditions. In particular, the vehicles must not be used for transporting more than one adult on unpaved surfaces or in extreme offroad environments. The use of the vehicle under the influence of drugs, alcohol, or medication is prohibited.
9.9. The Customer shall not sell, hire, sub-let, create or grant any security interest or other right in respect of the Vehicle to a third party. Furthermore, the Customer shall not destroy the Vehicle, make any changes to the Vehicle that cannot be reversed without damaging it, or manipulate in any way the electronics, battery, display, and/or software of the Vehicle.
10. Damage, Repair or Theft
10.1. In case of functional impairment of the Vehicle due to damage, the Customer has to inform Äike within 24 hours after the damage has become known. The further use of the defective Vehicle is prohibited until the damage is repaired.
10.2. In case of damage to the Vehicle and the Customer can not repair it after some troubleshooting or light repair according to the instructions provided by Äike, then Äike will provide a replacement Vehicle comparable to the current model to the Customer.
10.3. In case of an accident with a Vehicle in which people are involved, the Customer is obliged to report this to the police and Äike immediately (at the latest within 24 hours).
10.4. In case of damage to the Vehicle, the Customer bears the costs for the repair and replacement parts. The costs for repairs or replacement of the Vehicle will be billed separately to the Customer. In case the Vehicle is so badly damaged that it cannot be repaired, the Customer is obliged to pay the full retail price of the scooter, 1399€ (incl vat). This does not cover regular wear and tear that comes with regular use of the Vehicle.
10.5. In case of theft of the Vehicle, the Customer is obliged to pay the full retail price of the scooter, 1399€ (incl vat). If the Customer has chosen the ‘BSTS’ Coverage, then the personal deductible is 200€, according to the ‘BSTS’ Coverage terms.
10.6. If the Vehicle, a part of the Vehicle, a removable battery, or other accessories from the vehicle has been stolen or cannot be found for any other reason, the Customer is obliged to inform Äike about the loss as soon as possible, but at the latest within 24 hours after becoming aware of the theft. Furthermore, the Customer is obliged to participate in the attempt to recover the lost object and, if necessary, to give information (including in writing) to Äike and the police.
10.7. An indispensable condition for the waiver of the obligation to pay the deductible is the proper securing of the vehicle before the occurrence of the theft. The ‘BSTS’ Coverage is valid for two independently reported cases of theft. After that, Äike reserves the right to automatically exclude the ‘BSTS’ Coverage option from the Subscription concluded with the Customer.
10.8. If the Vehicle and/or battery could be found again after payment of the deductible for the ‘BSTS’ Coverage, Äike can refund the payment of the deductible to the Customer at its own discretion and depending on the technical and optical condition of the found Vehicle and/or battery. The Customer is free to prove that Äike has not suffered any damage or that this damage is significantly lower than the deductible paid by the Customer. Äike reserves the right to claim further damages.
10.9. If the Customer has not secured the Vehicle by locking it according to the provided instructions, and the Vehicle is lost, stolen, or damaged, the Customer has to pay an increased deductible. The Customer is free to prove that Äike has not suffered any damage or that this damage is significantly lower than the deductible paid by the Customer. Äike reserves the right to claim further damages.
10.10. Äike will provide a replacement Vehicle in cases of Vehicle malfunction, damage, wear and tear, or in cases of theft where a Customer has chosen the ‘BSTS’ Coverage. In cases of uncovered theft and loss, Äike will provide a replacement Vehicle for an additional cost.
11. Right to Withdrawal
11.1. The Customer has a right to withdraw from the Subscription within 14 days without giving any reason. The withdrawal period will expire after 14 days from the receival of the Vehicle, i.e. the start of the Subscription Term. To exercise the right of withdrawal, you must inform Äike by email to: email@example.com.
11.2. In case of withdrawal from the Subscription during the first 14 days of the Subscription, Äike will refund the payments and Subscription Fees the Customer has made. The Vehicle must not be damaged, broken, or visibly altered for this condition to apply and must be in the same state that it was upon the receival of the Vehicle. After Äike has received and examined the Vehicle and determined that Vehicle is not damaged or visibly defective, the Customer will be refunded the signup fee and the Payment Fee. Äike will deduct 50€ from the refund payment to cover the transport costs.
11.3. The Vehicle must be returned no later than 14 days from the withdrawal communication date. In case the return of the Vehicle takes longer than the intended period, Äike may implement additional Subscription Fees.
12. Data Protection
12.1. Äike complies with the applicable legal provisions, in particular the provisions of the General Data Protection Regulation (GDPR), when processing the personal data of the Customer. Äike primarily processes the personal data that is needed to provide contractual services to customers and/or third parties. The contractual services include specifically to provide the best possible user experience to the customers. In particular, the processing of location data via GPS is necessary to provide the services such as loss or theft of the Vehicle. Access to location data is only possible for specially authorised employees and upon the request (consent) of the User, whereas each access case is registered according to the respective provisions of the GDPR. In case of theft or any other criminal offense in connection with this contractual relationship, Äike may be required to disclose location data to law enforcement authorities.
12.2. By entering into this contract, the Customer agrees that Äike will process data in relation to the location of the Vehicle. Location data will be used for the following purposes:
- providing anti-theft function;
- troubleshooting the connectivity function;
- carrying out bug fixes and firmware updates;
- other purposes in cases of requests from the User.
12.3. Insofar as Äike processes personal data on the basis of consent, Äike points out that the customer can revoke this consent at any time with effect for the future. However, in case the Customer decides to revoke their consent, the services provided by Äike may, in some cases, become unusable.
12.5. The Customer (Data Subject) has the right to request the deletion of all personal data by Äike. In case when the Customer chooses to implement that right, an email must be sent to firstname.lastname@example.org, along with the description of personal data subject to deletion. Äike will carry out the request during a 30-day period and provide the Customer with a written confirmation about fulfilling the request.
13. Final Provisions
13.1. The laws of Estonia apply to contracts between the Customer and Äike, provided this stipulation is not in conflict with mandatory rules of the Country in which the customer’s residence is situated. Such rules, including but not limited to mandatory consumer protection laws, shall remain unaffected.
13.2. Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions will not be affected.
13.3. Currently, the Äike subscription is only available in these EU countries: Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Hungary, Italy, Latvia, Lithuania, Luxembourg, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden.