This agreement (the “Agreement”) sets forth the legally binding terms and conditions for Your use of the Services provided by Swup AS (“Swup or We”). The purpose of this Agreement is to regulate the Services provided by Swup, which is to offer You (“You”) the use of electrical scooters after You have registered Yourself in the Swup App.
You and Swup are the sole parties to this Agreement. You are the sole user of the Services and You must not allow any others to use the Vehicle.
In order to use the Services, You must register an account in the Swup App. You have to follow the instructions given during the registration procedure and provide correct information. Without proper registration You must not use the Services. You may only register one account for You and shall only undertake one registration. You shall make sure that no one else but You makes use of Your registration, particularly with regard to using a Vehicle. If You become aware of the risk that someone else uses Your registration or could use Your registration, for example because Your computer or mobile device by which You may access the Vehicle has been stolen, You shall inform Swup as soon as possible in accordance with Section 8.
Swup shall provide You with the opportunity to use the Swup App in order to find, activate, use and deactivate a Vehicle if there is a Vehicle available. That availability is displayed in the Swup App. Given the limited number of Vehicles operating, Swup cannot promise that You will always find a Vehicle within a distance convenient to You or that You find a Vehicle at all (see Section 1.5 below).
You have to be at least 18 years of age to use the services provided. Operation or use of any Vehicles by any minor is expressly prohibited. If You allow a minor to use a Vehicle by e.g. activating it through Your account, You shall be responsible for any and all misuse.
You have to be physically fit and reasonably competent to use the Vehicle, particularly with regard to taking part in street traffic and complying with traffic rules and regulations.
You are responsible to adapt Your driving to external circumstances and for determining Your general ability, medical condition, weather conditions (including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms), and/or other factors that can generate any risk to use a Vehicle. You have to make Your decision whether and how to use a Vehicle depending on weather, traffic or any other circumstance, uncertainty or other factors, must adjust, adapt and calculate
Your speed, riding behaviour and braking distance. Due to the circumstances it might even be advisable to abstain from any use of a Vehicle at all.
You shall conduct a basic safety check of the Vehicle prior to using the Vehicle with a visual check, a check of the battery capacity (see Section 1.5 below) and a check of the functionality of the brakes. You must not use the Vehicle if there are any noticeable issues (such as, inter alia, visible damages to the Vehicle's wheels, brakes, lights or frame, issues in relation to the battery level, signs of unusual or excessive wear of any kind or any other visual damage to the Vehicle or any malfunction of the brakes). If You notice any such issues with the Vehicle, You must not use the Vehicle. We would appreciate if You let us know about such issue in accordance with the information in Section 8 below.
A Vehicle is an electric vehicle that requires being handled safely and prudently.
The Monthly Pass may be limited to be used only in the country or Operational Zone within which You purchased it. You do not have the right to apply 2.2 and 2.7 below on Services used through the Monthly Pass.
Vehicles are not available at all times, even within the Operational Zones on account of the following.
Availability may differ within and between different Operational Zones due to high demand.
Access to the Services may be limited or restricted in some Operational Zones if this is necessary for ensuring Your safety or the safety of the Vehicles, for example if there is a demonstration causing traffic problems or if the weather conditions are bad or similar. Please note that Swup is only entitled to limit or restrict access to Vehicles but under no such obligation, unless such obligations are imposed by police authorities or the like. Section 1.4 remains unaffected. Full access to using a Vehicle may also be limited due to other reasons such as e.g. slow zones (i.e. when the speed is automatically lowered by Us due to speed limits in e.g. pedestrian areas).
The battery level may affect the availability in accordance with the following:
Different Operational Zones. You shall only activate, use, temporarily park and deactivate a Vehicle within an Operational Zone in which the Vehicle has been activated. The correct Operational Zone is displayed in the Swup App and must be checked before activating a Vehicle.
Activation, use and temporary parking of Vehicles. In order to use a Vehicle, You must activate a Vehicle through the Swup App. You will need internet connectivity to do so, and it is Your responsibility to assure that Your mobile device by which You may access the Vehicle is working properly and that You have internet access.
After activating the Vehicle, the rental period commences and continues until the Vehicle is deactivated. You may temporarily park the Vehicle at any time through the Swup App and are in such cases responsible for reactivating the Vehicle again. The rental period will continue while the Vehicle is temporarily parked.
If you fail to deactivate the vehicle, you must fill in a complaint form with a photo of your parking and a description of the error.
You are responsible to look at the vehicle and ensure that its completely deactivated before you leave the vehicle. If the lights are on, you might check the vehicle if the display is turned off and the alarm is initiated before you leave. In case the vehicle does not shut down, just need to take a parking picture and fill out a contact form at the latest 30 minutes after you stopped the ride.
If you fail to fulfill these rules, you might be charged with the total fee of 400,- before it automatically forced the trip to end.
You agree to use the Vehicle in compliance with all local applicable laws and You will additionally at all times use the Vehicle with respect towards pedestrians, property and traffic, for example by way of (where allowed by local legislation) ride in bicycle lanes and not on sidewalks, keeping walking speed while riding in pedestrian areas etc.
Safety measures when using a Vehicle You have to use the Vehicle in a safe manner and taken necessary measures to avoid, inter alia, accidents and damage to persons and property. Such safety measures include, but are not limited to, the following:
Parking and deactivation of Vehicles. You are responsible for parking and deactivating the Vehicle when You have completed Your use.
The Vehicle must be parked and deactivated in lawful areas, i.e. the Vehicle cannot be parked or deactivated in any Non-Parking Zone, on private property, in a locked area/non-public space or in conflict with local traffic regulations and/or other legal regulations. Swup is entitled to charge You 5 EUR when You have parked and/or deactivated the Vehicle outside of such lawful areas. You may prove that damages incurred by Swup are actually lower whereas Swup reserves the right to prove that the damages were actually higher. We will strive to remind You of the incorrect parking before charging said amount. Where We consider a Vehicle lost or stolen, the terms of section 1.7 will apply.
Neither shall You park or deactivate a Vehicle where there is an increased risk that the Vehicle may suffer damages. When deactivated and parked, the Vehicle must be in a visible space.
You agree to park the Vehicle in compliance with local applicable laws and regulations and You will additionally at all times park the Vehicle with respect towards pedestrians, property and traffic, for example by way of (where allowed by the local legislation) parking alongside a wall, in connection to a bike stand and to make sure that the Vehicle is standing up in a steady manner.
Swup may from time to time offer incentives if You temporarily park or deactivate a Vehicle in Incentivised Parking Zones and/or require that You temporarily park or deactivate in a Mandatory Parking Zone.
We may ask You to take a photo of the Vehicle You used at the end of Your ride. If the photo shows that You have parked the Vehicle in a way that is safe for the Vehicle and others, We may where clearly expressed prior to Your ride in writing, compensate You. We reserve the right to save this photo for the purposes of compensating You as described above. Also for reasons set out in Our Privacy Policy, where such use of Your photo includes the processing of Your personal data (i.e. Your picture).
If You have parked or deactivated the Vehicle in a Non-Parking Zone or otherwise outside of an Operational Zone, You may not be able to reactivate it again.
Proper use of Services You shall return the Vehicle to Swup in the same condition in which it was rented and the Vehicle must be fit for immediate usage by other users, given normal wear and tear and with the exclusion of low battery level.
You may never tamper with the Swup App or Vehicles in any way and for any reason.
You are responsible and liable for any damages suffered by Swup relating to Your use of the Services, unless You are not culpably responsible. This includes any indirect damage such as loss of income due to riding without payment due to tampering of the Vehicle as well as a Vehicle being unfit for Use by other users.
You may not share Your Monthly Pass with others. Use of the Monthly Pass is limited as follows:
You are responsible for deactivating and parking a Vehicle within an Operational Zone. You may not in any way lock or hide the Vehicle unless the Vehicle is activated. If You do not deactivate or park a Vehicle within an Operational Zone and within the maximum rental period set forth in Section 1.6 above, You may be responsible for a lost or stolen Vehicle in accordance with the following.
Swup is entitled to charge You 50 EUR in the event the Vehicle is considered abandoned and We cannot detect any attempts to lock the Vehicle or requests to end the ride by You. You may prove that damages incurred by Swup are actually lower whereas Swup reserves the right to prove that the damages were actually higher.
A Vehicle activated by You may be considered lost or stolen if (i) the Vehicle's GPS unit is disabled on purpose, (ii) the Vehicle moves after deactivation and Swup has reason to believe such movement was not caused by another user or any authorized third party, or (iii) other facts and circumstances implying, in the reasonable opinion of Swup, that a Vehicle has been lost or stolen.
If Swup reasonably deems a Vehicle lost or stolen, Swup shall have the authority to take any and all actions appropriate in order to recover the Vehicle or, if that proves to be impossible, to receive compensation for the loss of the Vehicle. This includes, without limitation, involving the local police and/or Swup's insurer, a request for information to You or, if You are culpably responsible for the loss, holding You liable for the damage incurred on account of the loss.
You must report any accident, crash, damage, personal injury, stolen or lost Vehicle or other similar incidents to Swup as soon as possible in accordance with Section 8 below. In cases of accidents, Swup would appreciate if You could try to gather evidence, if possible, for example by taking pictures or by identifying possible witnesses, subject to applicable local legislation (including but not limited to data protection legislation).
If an incident involves third party personal injury, property damage, or any other third party damage, You shall report the incident to the local police department as soon as possible. This also applies if the Vehicle is stolen while activated by You. On request by Swup, and subject to applicable local legislation, You will provide Swup with any documents produced by the local police and cooperate with Swup and/ or Swup's insurer.
In addition to what has been stated above, You agree to at all times use the Services in compliance with any locally applicable laws, regulations and rules. You understand that You are solely responsible and liable for any violation of any laws, regulations and rules in relation to Your use of the Services.
In addition to what has been stated above, You understand that any fees, fines or other payment imposed on Swup or any damages suffered by Swup on account of a culpable failure by You to comply with this section 1 shall be compensated by You to Swup.
We at all times reserve the right to deactivate Your account where We have reason to believe that You have breached the terms of this section 1.
You acknowledge that You are responsible for Your driving and that You may only claim compensation from Us for damages caused by the Vehicle, not through Your driving.
We at all times reserve the right to deactivate Your account and Monthly Pass where We have reason to believe that You have breached the terms of this agreement.
Your rent of the Vehicle is on (1) a pay per ride basis, (2) after having purchased a Monthly Pass, or (3) as otherwise in accordance with the current applicable pricing set forth in the Swup App. In each case, the prices, fees and other possible charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Swup. You should at any rate check prices, fees and other possible charges in the Swup App every time before You activate a Vehicle.
All Prices and all monetary values set forth in this Agreement are in EUR.
We may at our sole discretion sometimes offer promotion codes (discounts) which are one-time offers and can only be redeemed via the Swup App. Discounts may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold or refunded. Discounts and promotion codes may not be used in connection with a Monthly Pass.
You must provide Swup with information and details to a valid credit card or debit card or other payment method in order to register to use the Services in the Swup App. You confirm that You are authorized to use any credit card or debit card or payment information You provide. You authorize Swup to charge the provided credit card, debit card or other agreed payment method the fees described in this Agreement or in the Swup App that You have incurred in relation to Your use of the Services.
You agree to inform Swup without any undue delay of all changes related to the credit card or debit card which You have provided to Swup.
Payments to Us may be done through third party payment processors. We are not responsible for the payment process or any charges requested by such third parties.
In order to dispute any fees or charges charged by Swup, You must contact Swup within reasonable time from the date of the disputed charge and provide Swup any information Swup finds necessary, such as the date of the trip or purchase of a Monthly Pass and the approximate starting and ending times. Swup ask that You contact Swup in accordance with Section 8 below.
Any outstanding payment of prices for the use of Vehicles by You or any fee charged on the grounds of this Agreement will be made by Us by using the payment method described in Section 2.3. If, however, for such payment cannot be made on account of a reason within Your control (wrong credit card number, change of credit card without notification or similar), Swup will inform You and set a period in order to rectify the situation. Until then Swup is entitled to suspend any rental of Vehicles. If Swup has not received information about a reliable payment method within two weeks, Swup may terminate this Agreement.
All fees set forth in this Section 2 and/or indicated in the Swup App are subject to change subject to Your right to terminate the Agreement in accordance with Section 6. The price may change during the period activation to deactivation if You ride during such moments when a different price start (such as before and after midnight). You have to check the fees applicable in the Swup App before activating a Vehicle.
Your Monthly Pass will start from the point of time of when Swup has received Your payment for the Monthly Pass. It will end in case of a subscription-based period, on the last day of the current applicable subscription period provided that either You or Swup has/have cancelled the subscription during the relevant subscription period. To end a subscription-based period, Swup asks that You contact Swup in accordance with Section 8 below.
Both Swup and You have the right to cancel a Monthly Pass for subscription- based period at any time without having to disclose any specific reason, however, subject to a notice period defined by Swup and in the Swup App.
We may at our sole discretion sometimes offer free rides to You for sharing Your promotion code.
You may share Your promotion code with friends and thereby earn credits. You do this by way of selecting “Free Rides” in the Swup App, where You will find Your personal invite code. You share Your personal invite code by tapping “Send Code” and selecting one of the options available. These options can e.g. be text, email, sharing on social media or copying Your personal invite code.
When a friend completes its first trip with Swup after using Your personal invite code, Your account will automatically receive Credits.
Personal invite codes should only be used for personal and non-commercial purposes. This means You can share Your invite link with Your personal connections (i.e. people that You know) via social media as long as You are the primary content owner. Public distribution on sites where You are a contributor but not the primary content owner is not permitted. Promoting Your referral code via search engine marketing (for example, AdWords, Facebook) is also not permitted.
Referred invitation codes are only applicable to an invited user's first ride and not intended for existing users. Existing users attempting to take advantage of the referral program may have their referral promotions disabled.
Swup reserves the right to suspend rider accounts and revoke referral promotions that violate these terms.
We at all times reserve the right to deactivate Your account where You have not paid or in any other way have breached this section 2.
If you claim a refund of any amount in your wallet that you filled up more than six months ago, Swup charges a refund processing fee of EUR 30 per wallet refund request. If the refund processing fee is equal to or greater than your current wallet balance, Swup will reset your wallet balance to EUR 0.
If you want to claim a refund, please open a support ticket in-app, or through [email protected].
Any operating troubles caused by force majeure, strikes, lockouts or lack of operating resources or raw materials, which are beyond Swup's control and could not be foreseen when that Agreement was concluded shall not bring about a liability for Swup on account of failure to deliver the Services.
All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by Swup as well as those present in the Swup App or on the Website (including titles, graphics, icons, scripts, source codes etc.) are Swup's property or third party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any Swup material or hardware, source-codes, information, including the Swup App, Website and Vehicle, for any purposes. The Swup App, Website and Vehicles may only be used for the purposes pursuant to this Agreement.
You agree that the Services and other information, including all associated intellectual property rights, provided and made available by Swup, at all times, remain the exclusive property of Swup and You may not in any way use Swup's exclusive property for commercial or any other purposes without Swup's written consent.
Swup processes Your personal data in accordance with the Swup Privacy Policy, made available at www.rideswup.com
This Agreement enters into force between You and Swup: (1) the first time You use the Services provided by Swup, or (ii) in case of a Monthly Pass, the first time you purchase a Monthly Pass, and will remain in force for as long neither You nor Swup terminates the Agreement.
Both You and Swup may terminate this Agreement at any time, however, any rental still ongoing shall be carried through in accordance with this Agreement. Obligations arising from any breach of contract during the term of this Agreement shall not be affected by its termination.
All disputes relating to this Agreement shall be made in text form to the contact information given in Section 8 below.
Swup can be contacted by email to [email protected] or by regular mail to Swup AS, Hvamsvingen 4, 2013 Skjetten, Norway.
This Agreement shall be governed by and interpreted in accordance with the laws of Finland
Any disputes arising out of or relating to this Agreement, the breach thereof, or the subject matter thereof shall be brought before the competent ordinary courts, respectively.
Please also note that disputes - besides the submission before the competent ordinary courts - may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr.
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter.
Swup may change this Agreement at any time. In this case You shall be notified via email or via the Swup App. The changes are deemed to have been accepted by You in case You did not enter an objection with one month after the changes were communicated. Swup shall expressly inform You about the significance of not entering an objection. The changes shall be accepted in any case if You conclude an agreement for the Services via the Swup App after the new conditions have been submitted. The new versions of the Agreement will also be available in the Swup App and on the Website.
Earlier versions of this Agreement will not be archived by Swup. You are therefore recommended to print and save outdated versions of these term.
Although this Agreement qualifies as a distance contract (concluded electronically without You and Swup being physically present), please note that you have no right of withdrawal because the Service provided is the rental of Vehicles.
In case of a Monthly Pass however, You have the right of withdrawal within 14 days of the purchase of the Monthly Pass. You may use your right of withdrawal by sending us a notice in accordance with section 8. In case of such withdrawal, Swup will reimburse You the amount You have paid for the Monthly Pass without undo delay and no later than within 14 days from when Swup was notified. Swup will use the same method of payment which You used when purchasing the Monthly Pass. Swup is entitled to deduct an amount equivalent to the use You have made of the Monthly Pass before your withdrawal.
After you have made a successful payment and filled up your wallet with the chosen amount, we will deliver the service to you as a customer. You will then be able to open a scooter and start your ride. As soon as your wallet is empty, we will stop your scooter and you need to refill your account if we are unable to charge you on a pay as you go basis.