Terms and conditions of Subscription (valid until 05/01/2024)

  1. General information
    1. The purpose of these terms and conditions is to provide an overview of the goods and services provided by Äike Mobility OÜ (registry code ​​16530912, address Dunkri 9, 10123 Tallinn, Estonia) (hereinafter ‘Äike’) to you as our customer (hereinafter ‘User’) under Äike subscription plans. 
    2. 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 users by notification via email and by publication on the Äike website and in the Äike App. Possible changes are considered as approved if the user does not object to them in text form within 14 days after receipt of the notification of change. Äike will inform the user separately about the right of objection and the legal consequence of silence together with the notification of change. In the case of the user’s objection to the change or addition of the terms and conditions, Äike is entitled to terminate the active subscription plan on the basis of these terms and conditions with a 1-month notice period. 
  2. Subscription Description and Scope
    1. Äike may offer one or more subscription plans on its website. The details of each plan (payment terms, minimum subscription period, scope of services, shipping details, extra fees, etc.) are published on the website. Please read them carefully and contact hello@rideaike.com for any questions. Äike is free to add or reduce the number of subscription plans available, without effect on active subscription plans. 
    2. The services usually included in the subscription plans are: 
      1. Connected Äike T e-scooter in your possession for the period of your Subscription Plan; 
      2. Access to Äike app to manage the e-scooter: turn it on/off, track its location, see battery status, etc and manage your subscription;
      3. Manufacturer recommended maintenances to the e-scooter, falling into your subscription period, without extra charge;
      4. Access to customer support, maintenance and repair services. 
    3. Subscription plan terms include: 
      1. Subscription fee – all subscription plans are subject to monthly payments over the Subscription Period. 
      2. Subscription period – minimum time in months of the given subscription plan for offered price to be applicable. In case you cancel your subscription plan early, your fees for used months may be recalculated to reflect pricing for actual usage. Subscription period starts at the delivery of the subscribed e-scooter. 
      3. Maintenance – manufacturer recommended service schedule works and repairs, as available in e-scooter manual and/or online. This does not include extraordinary repairs, repair of damage as a result of inappropriate use, vandalism, accidents, improper care, cosmetic issues, or other similar effects. 
      4. Accessories – accessories may be included in the subscription fee, or be available for extra charge as rentables, or you may buy them for yourself. Monthly fees and purchase prices of available accessories are published on www.rideaike.com. 
      5. ‘BSTS Coverage’ – ‘Better Safe Than Sorry’ Coverage is a coverage provided by Äike for active users, which provides anti-theft and robbery protection. The Coverage is optional and can be purchased from www.rideaike.com along with your Subscription Plan. More information about the BSTS Coverage can be found here.
      6. ‘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. 
    4. Subscription Plans may include other costs as described in each Plan. These may include, but are not limited to, shipping fees, setup fee, etc. 
    5. If you already have an active subscription but would like to change your subscription plan, please contact hello@rideaike.com for options and pricing. Changing from Äike X or Äike Fix plan may be subject to limitations and/or extra fees. 
    6. Please mind that e-scooter and all accessories subject to subscription pricing will remain the property of Äike and you will need to return them upon termination of the subscription in good condition subject only to normal wear and tear. 
  3. Right to Withdrawal
    1. You have a right to withdraw from your subscription within 14 days without giving any reason. The withdrawal period will expire after 14 days from the receival of the e-scooter, unless local legislation provides you more favourable terms. In that case the latter will prevail. To exercise the right of withdrawal, please inform Äike by email to: hello@rideaike.com
    2. The e-scooter must be returned no later than 14 days from the withdrawal communication date. In case the return of the e-scooter takes longer than the intended period, Äike may charge additional subscription fees for the time the e-scooter remains in your possession. 
    3. In case of withdrawal Äike will refund the payments and subscription fees you have already made within 7 calendar days as of acceptance of your withdrawal notice or return of the e-scooter in a confirmed condition.
      Notice: Setup fee of Äike Flex will not be returned upon withdrawal under this clause. 
    4. The returned e-scooter 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 e-scooter. 
  4. Subscription and Access
    1. By subscribing to the service you acknowledge and confirm that you are 18 years of age, have legal and financial capacity to enter into and become subject to the terms and conditions of the service. 
    2. In order to check the personal data and onboard you as our user, Äike partners with the service provider Veriff.com. The user’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 user. 
    3. In the case of suspicious activity by the user (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 user, and will be done according to respective provisions of the GDPR. 
    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 e-scooter. The subscription start day will be deemed as the first day of receipt and accepting the received e-scooter by the user. 
    5. The e-scooter is offered for the user’s personal use for the validity of the subscription period. In case of the end or termination of the subscription period, the user will enable the return of the e-scooter to the possession of Äike by a courier service. Äike will cover the costs for return shipping of the e-scooter unless the subscription has been ended due to breach of terms by the user, in which case the user is liable for the return shipping costs. Such costs will be presented to the user together with the penalties adjacent to a breach of contract.
  5. Rights and Obligations of the User
    1. The user is obligated to act in accordance with the terms and conditions provided herein. 
    2. User is obliged to make themself familiar with the functioning of the e-scooter before using it and to observe the safety and usage instructions of the manual provided by Äike. 
    3. User agrees to use the e-scooter in a responsible manner, in compliance with all applicable laws and regulations governing the territory of riding the e-scooter, including local traffic laws and will refrain from being under the influence of any substances when riding the e-scooter, and according to the terms and conditions applicable to the service. 
    4. User agrees to maintain the e-scooter in good working condition and exercise reasonable care when handling the e-scooter. User agrees to refrain from damaging the e-scooter in any way. User protects the e-scooter from any third party damage, and will notify the Äike customer service immediately in case the e-scooter has been damaged. 
    5. The subscription plan will allow e-scooter to be used only by the registered user and a guest user authorised by them. The registered user can remove the guest user access and assign a new quest user at any time. The user understands that it is strictly prohibited to provide third-person access to the e-scooter. Violation of this limitation will give Äike the right to fine the user and/or to terminate the active subscription plan. 
    6. The user is liable for locking the e-scooter within the Äike App each time the e-scooter is left unattended in order to prevent theft and unauthorised use. If locking the e-scooter via Äike App fails for any reason, the e-scooter must not be left behind without supervision and the user will immediately inform Äike about the malfunction.
    7. The user understands they are fully liable for damages inflicted on the e-scooter, 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 invoiced to the user. 
    8. The user may purchase an optional ‘BSTS’ Coverage to be included in the subscription for Äike to provide theft and robbery protection to the user. Pricing for this service is visible during the checkout proceeding of your subscription plan. 
    9. Subscription plans do not include the e-scooter being used for commercial purposes, such as for carrying out courier services with it or other similar services that would inflict more wear and tear to the e-scooter than expected with the regular subscription plans. Covered distance exceeding 500 km in a period of 30 days is considered out of scope of normal usage under subscription plans and would require subscribing to a ‘Heavy Use’ plan. 
    10. In case the user has not chosen the ‘Heavy Use’ plan, but the e-scooter is being used commercially, or over the limit of 500 km per month, the user will be fined a penalty of €500, a €50 administration fee, and the ongoing monthly rate of for Heavy Use  will apply retroactively. This amount shall be charged to the user with the next scheduled payment. 
    11. User is liable for updating the personal information they have provided for their account. Äike is not liable for errors in service that derive from incorrect personal information in user account or Äike App. Updating personal information can be done via Äike App or by sending an email to hello@rideaike.ee. 
  6. Rights and Obligations of Äike
    1. Äike will provide an e-scooter to the user after receipt of the payment for starting a subscription plan. The e-scooter must be in good working condition and meet the requirements of the terms and the description of the product. The user understands that the e-scooter delivered may not be new, but can also be previously used. 
    2. The shipping of the e-scooter will be done in 14 calendar days, which may be subject to delays arising from third-party service providers or seasonally high demand for the e-scooters. The subscription term will start once the user has received the e-scooter.
    3. In case the e-scooter is not in working condition or does otherwise not meet the requirements of this agreement, Äike will organise the return shipping and assessment of the e-scooter and provide the user with an e-scooter that is in working condition. 
  7. Ownership and Trademarks
    1. The ownership of the e-scooter, and all other items that may be accompanied to the e-scooter that are provided to the user 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 e-scooter 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. 
  8. Payment and Subscription Plans
    1. All prices are inclusive of the statutory value-added tax.
    2. Äike processes all payments via external payment service providers, including but not limited to Stripe. User agrees that Äike only accepts payments through these service providers or that the service providers may debit the resulting amounts. 
    3. User agrees to the automatic debiting of the provided payment method against any invoice for services, fees, charges, fines, etc. under this agreement. 
    4. In case the user does not carry out the payments or provide sufficient funds to their payment method by the due date, Äike will have the right to temporarily deactivate the e-scooter until the payment issue has been resolved. 
    5. In case the user has not resolved their outstanding payment issue within fourteen (14) calendar days as from the notice from Äike, Äike may use the services of a collection agency, to which an additional administration fee and a penalty will be issued. In addition, Äike has the right to disable the use of the e-scooter from distance and/or limit user’s access to the e-scooter in Äike App. 
    6. 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 e-scooter and forward such information to the collection agency for the retrieval of the e-scooter owned by Äike. In case such a scenario has been implemented the user is obliged to make the e-scooter available to Äike at the notified time. If the e-scooter cannot be found (e.g., because it is located on private property), Äike can demand compensation for the incurred costs to legally obtain possession of the e-scooter. 
  9. Termination of the Subscription
    1. Termination of the subscription plan is subject to the terms provided for individual subscription plan. 
    2. Ordinary termination is usually available for indefinite subscription plans. Please consider that more attractive pricing of fixed-term subscriptions is available, namely because of recurring payments over a fixed period of time and for shorter periods we are not able or liable to offer such prices. 
    3. Termination of subscription plans with fixed terms (etc. 12-month plan) is available only on extraordinary basis, for example if Äike has failed to deliver the Service to you on normally expected service level and not been able to remedy the situation. Äike may accept pre-mature termination notices and cancel the subscription plan in other cases subject to extra fee. This cancellation extra fee may be calculated based on extra fee you would have paid in case you had been on a cancelable Subscription Plan (e.g. Flex).  
    4. For terminating your subscription plan please send email to Äike: hello@rideaike.com. In case of rightful termination the subscription will terminate on the last day of the month following the receipt of the cancellation request from you. 
    5. Upon termination of the subscription you will need to settle details for the return of the e-scooter via Äike App and to return the e-scooter, as well as any accessories that were provided together with the e-scooter to Äike. 
    6. If you fail to book a time with the courier for the return of the e-scooter after the end of subscription period or cancellation of the subscription, you will be charged the ongoing subscription fee for the duration of the withholding as compensation. In case you miss a previously agreed courier pick-up time without prior notice of 24 hours, Äike will charge you a 50€ penalty for every missed courier pick-up time. 
  10. Maintenance of the e-scooter and Accessories
    1. User must retain the shipping package of the e-scooter for returning the e-scooter after the end of the subscription. In case the user has discarded the original package, Äike will send the user a new shipping package to the provided address for a fee of €50. 
    2. Äike reserves the right to inspect and maintain the e-scooter 24 hours after prior notice, as well as to carry out repairs or exchange the e-scooter.
    3. The use of the battery is only allowed for the respective e-scooter. 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 user is obligated to immediately remove 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 user has not chosen the BSTS Coverage. 
    4. The user 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. 
    5. Prior to the start of each use of the e-scooter, the user is obliged to check that the e-scooter 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 user is also obliged to immediately stop using the e-scooter, inform Äike about the defect and refrain from using the e-scooter until Äike repairs it. 
    6. It is not allowed to make cosmetic changes to the e-scooter or its accessories, like painting, add stickers, removing paint or similar alterations. 
    7. The attachment of accessories not included in the delivery and not covered by the subscription (“additional accessories”) that are customary for the respective e-scooter 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 e-scooter is handed over to Äike. The attachment and removal of additional accessories shall be at the user’s own expense and risk. The user is liable for any damages resulting from the attachment and/or removal of additional accessories to the e-scooter. 
    8. The e-scooter 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 e-scooters must not be used for transporting more than one adult on unpaved surfaces or in extreme offroad environments. 
    9. The use of the e-scooter under the influence of drugs, alcohol, or medication is prohibited.
  11.  Damage, Repair or Theft
    1. In case of an accident with an e-scooter in which people are involved, you are obligated to report this to the police and Äike immediately (at the latest within 24 hours). 
    2. In case of functional impairment of the e-scooter due to damage, you need to inform Äike within 24 hours after the damage has happened or identified. The further use of the defective e-scooter is prohibited until the damage is repaired.
    3. If the damage cannot be repaired by the user with simple troubleshooting or light repair according to the instructions provided by Äike, then Äike will provide you a replacement e-scooter comparable to the current subscription plan. 
    4. The user bears the costs for the repair and replacement parts of damaged e-scooter. The costs will be billed separately to the user. 
    5. In case the e-scooter is damaged beyond repair, the user is obliged to pay the full retail price of the scooter, 1399€ (incl vat) minus subscription fees paid by the user. 
    6. In case of theft of the e-scooter, the user is obliged to pay the full retail price of the scooter, 1399€ (incl vat). If the user has chosen the ‘BSTS’ Coverage, then the personal deductible is 200€, according to the ‘BSTS’ Coverage terms. 
    7. If the e-scooter, a part of the e-scooter, a removable battery, or other accessories from the e-scooter has been stolen or cannot be found for any other reason, the user 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 user is obliged to fully cooperate in the attempt to recover the lost object and, if necessary, to give information (including in writing) to Äike and the police. 
    8. 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 subscriptions concluded with the user.
    9. If the e-scooter 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 user at its own discretion and depending on the technical condition of the found e-scooter and/or battery. The user is free to prove that Äike has not suffered any damage or that this damage is significantly lower than the deductible paid by the user. Äike reserves the right to claim further damages. 
    10. If the user has not secured the e-scooter by locking it according to the provided instructions, and the e-scooter is lost, stolen, or damaged, the user has to pay an increased deductible. The user is free to prove that Äike has not suffered any damage or that this damage is significantly lower than the deductible paid by the user. Äike reserves the right to claim further damages. 
    11. Äike will provide a replacement e-scooter in cases of e-scooter malfunction, damage, or in cases of theft where a user has chosen the ‘BSTS’ Coverage. In cases of uncovered theft and loss, Äike will provide a replacement e-scooter for an additional cost.
  12. Data Protection
    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 users. Äike primarily processes the personal data that is needed to provide contractual services to users 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 e-scooter. 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 offence in connection with this contractual relationship, Äike may be required to disclose location data to law enforcement authorities. 
    2. By entering into this contract, the user agrees that Äike will process data in relation to the location of the e-scooter. Location data will be used for the following purposes: 
      1. providing anti-theft function;
      2. troubleshooting the connectivity function;
      3. carrying out bug fixes and firmware updates;
      4. other purposes in cases of requests from the user.
    3. Insofar as Äike processes personal data on the basis of consent, Äike points out that the user can revoke this consent at any time with effect for the future. However, in case the user decides to revoke their consent, the services provided by Äike may, in some cases, become unusable. 
    4. Further information on the purpose, nature, and scope of data processing can be found in the Privacy Policy.
    5. As the user (data subject) you have the right to request the deletion of all personal data by Äike. In case you choose to implement that right, an email must be sent to hello@rideaike.com, along with the description of personal data subject to deletion. Äike will carry out the request during a 30-day period and provide you with a written confirmation about fulfilling the request.
  13. Final Provisions
    1. The laws of Estonia apply to contracts between the user and Äike, provided this stipulation is not in conflict with mandatory rules of the Country in which the user’s residence is situated. Such rules, including but not limited to mandatory consumer protection laws, shall remain unaffected.
    2. Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions will not be affected.
    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.

Previous version (valid until 31st of August 2023)

Terms and conditions of Subscription (valid until 31st of August 2023)

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