terms & conditions
Effective Date: May 26, 2020
By JOSÉ ABECASIS SOARES, UNIPESSOAL LDA, a European company called FLOW BIKES requires that You ("Rider," "You," or "Your") agree to all terms and conditions in this FLOW Bikes Rental Agreement, Waiver of Liability, Assumption of Risk and Release Agreement (this "Agreement").
The services provided by FLOW BIKES include (1) FLOW BIKE mobile application and related website; (2) FLOW BIKE bicycles; (3) FLOW BIKE lockers and cables with Bluetooth integrated , and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by FLOW BIKE (collectively, the "FLOW Bike Services").
You expressly agreed to, when you signed up for FLOW BIKE, You should CAREFULLY READ all terms and conditions before entering into this Agreement, but here is a partial list of some of the terms that FLOW BIKE wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
The Vehicle must be locked at the conclusion of the ride. If the Vehicle is not locked, the trip will continue and You will continue to be charged. The max charge for a single trip is 100€ for 24 hours.
In case Your rented bike, is not securely returned to the initial location, where it was rented, the maximum charge for a missing bike, over a period of 48 hours, is 250€ for a regular bike and 950€ for an electric bike (unless otherwise stated on the app and/or subject to specific long-term rental deals FLOW BIKES may offer)
Upon conclusion of Your ride, the Vehicle must be parked inside the Hotel in the right area reserved. During your ride, the Vehicle cannot be parked on private property or in a locked area or in any other non‑public space. A FLOW Bike should never block hotels/accommodations, fire hydrants, or building entrances.
When you are cycling and wants to stop in a place/spot, please lock your FLOW Bike using the App and/or the Bluetooth lock installed on the bike.
All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking) must be obeyed, including any helmet laws in Your area. You agree that you will comply with all applicable provisions of Portugal.
You must promptly report any damaged or malfunctioning Vehicles to FLOW BIKES via the FLOW BIKES mobile application and via e‑mail. – (Email is provided in the App)
1. GENERAL RENTAL AND USE OF VEHICLE
1.1. Rider is Sole User. FLOW BIKE and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.
1.2. Rider is At Least 18 Years Old. Rider represents and certifies that Rider is at least 18 years old.
1.3. Rider is a Competent Vehicle Operator. Rider represents and certifies that he/she is familiar with the operation of the Vehicle and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining weather conditions, including, without limitation, rain, fog, snow, hail, ice, heat, road and sidewalk conditions (including tracks or objects placed on the public right of way), or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4. Disclaimer. Rider acknowledges that he/she is solely responsible for any danger, risk or liability that might occur while using the service. Rider hereby exempts FLOW BIKE and the hotels, from any damage, injury or death he/she may inflict to himself/herself or others, while operating the Vehicles.
1.5. Vehicle is the Exclusive Property of FLOW Bikes. Rider agrees that the Vehicle and any FLOW BIKE equipment attached, at all times, remain the exclusive property of FLOW BIKE. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other FLOW BIKE equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other FLOW BIKE equipment, for any advertising or other commercial purpose without the express written permission of FLOW BIKE.
1.6. Prohibited Acts.
Rider agrees to the following:
1.6.1. FLOW BIKE recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, FLOW BIKE recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.
1.6.2. You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.
1.6.3. While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
1.6.4. You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.
1.6.5. You must not carry a second person or child on a Vehicle.
1.6.6. You may only use locking mechanisms provided by FLOW BIKE. You may not add another lock to the Vehicle or lock a Vehicle to anything.
1.6.7. You may not ride the Vehicle nearby, nor under, water, particularly salty water, nor under any circumstances, allow salty water to come in contact with the Vehicle.
1.6.8. Rider agrees that he/she will not use the Vehicle for racing, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle through salty water, or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
1.6.9. Electric Vehicle. The Vehicle may be an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
184.108.40.206. The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety). The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors. It is Rider's responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during Rider's rental of the Vehicle, including before reaching Rider's desired destination.
220.127.116.11. If the Vehicle runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. Alternatively, in Rider's sole discretion, Rider may charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle. Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that FLOW BIKES will not reimburse Rider for such.
18.104.22.168. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney's fees, judgments, suits, or disbursements of any kind or nature whatsoever related to charging of the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that FLOW BIKES and all other Released Persons are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
1.7. Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle (120 kilograms).
1.8. Reporting of Damage or Crashes. Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to FLOW BIKE as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.
1.9. Rider Responsibility for Vehicle Use and Damage. Rider agrees to return the Vehicle to FLOW BIKE (inside the Hotel in the right area reserved) in the same condition in which it was rented. Rider will not be responsible for normal wear and tear. Rider agrees to pay up to 250€ per regular bike and/or 950€ per electric bike, to replace Vehicle should it be damaged. Damage to the Vehicle shall be determined at FLOW BIKE’s sole discretion.
1.10. Vehicle Operating Hours and Vehicle Availability. Rider agrees and acknowledges that the Vehicles may not be available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented within the maximum rental time limits. The number of Vehicles is limited, and Vehicle availability is never guaranteed.
2. PAYMENT AND FEES
2.1. Fees. Rider may use the Vehicle in accordance with the pricing described in the FLOW BIKE mobile application. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by FLOW BIKE. FLOW BIKE will charge the Rider (through credit, or debit card or any other online payment method) the amount of the fees as described in this Agreement.
2.2 Promo Codes. Any, if any, Promo codes (discounts) are one-time offers and can be redeemed only via the App. FLOW BIKE reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non‑transferable and may not be resold.
2.3 Maximum Rental Time and Charges. Maximum rental time is 24 hours. Rider agrees that Rider will deactivate the Vehicle rental within 24 hours of renting a Vehicle. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle. The maximum day charge is 100€ and is based on a calendar day. After return of the Vehicle, Rider will be charged the accumulated rental charges, or the maximum day charge, whichever is less. Vehicles not returned (locked and a ride concluded inside the Hotel in the right area reserved) within 48 hours will be considered lost or stolen, and Rider may be charged up to 950€ and a police report may be filed. FLOW BIKE may also charge a service fee of 25€ for rentals in excess of 24 hours where the Vehicle is not lost or stolen.
2.4. Valid Credit Card or Debit Card. To be registered to use the FLOW BIKES Services, Rider must provide FLOW BIKE’s third-party payment processor with a valid credit or debit card number and expiration date, or other online payment method. Rider represents and warrants to FLOW BIKE that Rider is authorized to use any credit or debit card, or other online payment method, Rider furnishes to FLOW BIKE. Rider authorizes FLOW BIKE to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by FLOW BIKE. If Rider disputes any charge on Rider's credit or debit card account, or other online payment method, then Rider must contact FLOW BIKE within five (5) business days from the end of the month with the disputed charge, and provide to FLOW BIKE all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. Rider agrees to immediately inform FLOW BIKE of all changes relating to the card.
2.5. Pick-Up Fees. If You are unable to return the Vehicle to the Hotel (i.e., You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by FLOW BIKE staff, FLOW BIKE, at its sole discretion, may choose to charge You a pick‑up fee up to 120€. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently 120.00€) to recover the Vehicle. Fees are subject to change.
3. INDEMNITY; RELEASES; DISCLAIMERS; ASSUMPTION OF RISK
3.1. IN EXCHANGE FOR RIDER BEING ALLOWED TO USE FLOW BIKE SERVICES, VEHICLES, AND OTHER EQUIPMENT OR RELATED INFORMATION PROVIDED BY FLOW BIKE, RIDER AGREES TO FULLY RELEASE, INDEMNIFY, AND HOLD HARMLESS FLOW BIKE AND ALL OF ITS OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, ATTORNEYS, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, AND ALL OF ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, AND CONTRACTORS, AND TO THE FULLEST EXTENT PERMITTED BY LAW ANY OTHER MUNICIPALITY (INCLUDING ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND VOLUNTEERS) WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE FLOW BIKE SERVICES, AND EVERY SPONSOR OF ANY OF THE FLOW BIKE SERVICES AND ALL OF THE SPONSOR'S OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PERSONS") FROM LIABILITY FOR ALL CLAIMS (AS DEFINED BELOW) ARISING OUT OF OR IN ANY WAY RELATED TO: (A) RIDER'S USE OF THE FLOW BIKE SERVICES OR VEHICLES (INCLUDING WITHOUT LIMITATION THE PLACEMENT OR CONDUCT THEREOF), (B) ANY EQUIPMENT RELATED TO THE FOREGOING (INCLUDING WITHOUT LIMITATION THE MAINTENANCE OR THEREOF), (C) THIS AGREEMNT, AND (D) ANY RISKS DANGERS AND HAZARDS AS DESCRIBED BELOW. SUCH RELEASED ARE INTENDED TO BE GENERAL AND COMPLETE RELEASES OF ALL CLAIMS.
3.2. "Claims" means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney's fees, whether incurred at trial, on appeal, or otherwise), damages (including, but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent). For the avoidance of doubt the term “Claims” shall specifically include, but not be limited to, THOSE CLAIMS BASED ON RELEASED PERSONS' ALLEGED NEGLIGENCE, BREACH OF CONTRACT, AND/OR BREACH OF EXPRESS OR IMPLIED WARRANTY, EXCEPT FOR CLAIMS BASED ON RELEASED PERSONS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
3.3. TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS TO RIDER'S USE OF ANY OF THE FLOW BIKE SERVICES, VEHICLES, OR RELATED EQUIPMENT, FLOW BIKE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (INCLUDING THOSE RELATED TO ROAD AND SIDEWALK CONDITIONS). ALL OF THE FLOW BIKE SERVICES, VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND RIDER RELIES ON THEM AT RIDER'S OWN RISK.
3.4. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS RELEASE AND HOLD HARMLESS AGREEMENT INCLUDES ANY AND ALL CLAIMS RELATED TO OR ARISING FROM THE SOLE OR PARTIAL NEGLIGENCE OF FLOW BIKE, THE RELEASED PARTIES, AND ANY HOSPITALITY SERVICE OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE RELEASED PARTIES, ANY HOSPITALITY SERVICE OR ANY OTHER PARTY WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF USE OF FLOW BIKE SERVICES, AND EXPRESSLY WAIVES RIDER'S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER'S UNKNOWN CLAIMS
4.1. Safety Check. Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes; (iii) good condition of the frame; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert FLOW BIKE of any problems.
4.2. Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 48 consecutive hours; (b) the Vehicle's LOCK unit is disabled; (c) other facts and circumstances that suggest to FLOW BIKE in its reasonable, good faith determination that a Vehicle has been lost or stolen. FLOW BIKE and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to FLOW BIKE in its reasonable, good faith determination. If FLOW BIKE deems a Vehicle lost or stolen, FLOW BIKE shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise); including, without limitation, obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by FLOW BIKE's renting system and/or App is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to FLOW BIKE immediately or as soon as possible.
4.3. Helmets; Safety; Assumption of Risk. FLOW BIKE strongly recommends that all Riders wear an approved helmet that has been properly sized, fitted and fastened according to the manufacturer's instructions. FLOW BIKE and the hotel do not represent or warrant the quality or safety characteristics of any helmet. RIDER AGREES THAT NONE OF THE RELEASED PERSONS IS LIABLE FOR ANY INJURY SUFFERED BY RIDER WHILE USING ANY OF THE FLOW BIKES / HOTEL SERVICES, WHETHER OR NOT RIDER IS WEARING A HELMET AT THE TIME OF INJURY. RIDER ASSUMES ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE GEAR. RIDER HEREBY EXEMPTS FLOW BIKE AND HOTELS, FROM ANY DAMAGE, INJURY OR DEATH HE/SHE MAY INFLICT TO HIMSELF/HERSELF OR OTHERS, WHILE OPERATING THE VEHICLES.
Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
5.1. Termination by FLOW BIKE. At any time and from time to time, and without Rider's consent, FLOW BIKE may unilaterally terminate Rider's right to use the FLOW BIKE Services, in FLOW BIKE 'S sole discretion and without any notice or cause. Rider may terminate Rider's use of the FLOW BIKE Services at any time; provided, however, that (i) no refund will be provided by FLOW BIKE; (ii) the term of this Agreement continues in accordance with this Agreement; and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement shall survive and remain in full force and effect, in accordance with its terms and conditions, after any termination of Rider's right to use any of the FLOW BIKES Services, regardless of how the Agreement is terminated.
6.1. Confidentiality of Information; Privacy Policies. You understand and agree that all personal information that pertains to you, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by FLOW BIKES, Joyride and Stripe, Inc. in accordance with their respective privacy policies located at https://www.onjoyride.com/legal/#privacy (future FLOW BIKES website privacy area) and https://stripe.com/us/privacy. You also agree to look solely to JoyRide and Stripe with respect to any matters concerning your personal information and any uses thereof in any way.
7. ASSUMPTION OF RISK
7.1. Rider is aware that Rider's use of any of the FLOW BIKE Services, Vehicles, and related equipment involves obvious and not‑so‑obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
(i) vehicles and other objects;
(iv) Vehicle or component malfunction;
(v) road and sidewalk conditions (including tracks and other infrastructure related to any streetcar or other infrastructure or objects placed on the public right of way);
(vi) weather conditions;
(vii) failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;
(viii) commission of any of the prohibited acts listed in Section 1.8;
(ix) failure to perform the required safety check pursuant to Section 3.1;
(x) failure to wear a helmet where required by law; and
(xi) negligent acts or omissions by FLOW BIKE, any other Released Person, Rider, or third party.
RIDER IS SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF VEHICLE AT ALL TIMES. RIDER AGREES THAT VEHICLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE VEHICLE IS PROPERLY MAINTAINED AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS.
8. RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions – and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by applicable law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.
I certify that:
1. I am the Rider;
2. I am 18 years old or over;
3. I will wear a helmet if required by applicable law;
4. I will not ride a Vehicle with another occupant;
5. I will obey all traffic laws;
6. I will ride at my own risk; and
7. I have read and expressly agree to the terms and conditions set forth in this
9. TERMS OF SERVICE, WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND FLOW BIKE THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, AND ALL OF FLOW BIKE’S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT", AS REFERRED TO HEREIN, BETWEEN YOU AND FLOW BIKE.
9.1. Access License. FLOW BIKE grants you a limited, revocable, non‑exclusive, non‑transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without FLOW BIKE’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
9.2. Copyright and Ownership. All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (collectively, the "Content"), is owned by FLOW BIKE, its licensors, vendors, agents and/or its Content providers, as the case may be. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as permitted by applicable copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under applicable copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You agree to strictly comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, Content and all related rights shall remain the exclusive property of FLOW BIKE or its licensors, as the case may be, vendors, agents, and/or its Content providers, as the case may be, unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.
9.3. Trademarks/No Endorsement. All trademarks, service marks and trade names of FLOW BIKE used herein (including, but not limited to: the FLOW BIKE name, the FLOW BIKE corporate logo, the Services design, and any logos) (collectively, “Marks”) are trademarks or registered trademarks of FLOW BIKE or its affiliates, partners, vendors or licensors, as the case may be. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify FLOW BIKE trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without FLOW BIKE's prior written consent. You shall not use FLOW BIKE’s name or any language, pictures or symbols which could, in FLOW BIKE’s judgment, imply FLOW BIKE’S endorsement in any (i) written or oral advertising or presentation; or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
9.4. Account Registration and Security. You understand that your user information is not maintained or stored by FLOW BIKE but by a third-party developer and you agree and consent to such uses by any such third-party company FLOW BIKE chooses for all purposes. You further understand that you will need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Services's registration, sign‑in, or subscription page (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FLOW BIKE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FLOW BIKE has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for the security and confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. To the extent FLOW BIKE any user information, FLOW. BIKE has the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).
9.5. Solicited Submission Policy. Where FLOW BIKE has specifically invited or requested submissions or comments, FLOW BIKE encourages you to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to FLOW BIKE that they have created for consideration in connection with the Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, you expressly grant FLOW BIKE a non‑exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub‑licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non‑confidential and FLOW BIKE shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
9.7. Inappropriate Material. You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Terms of Service, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9.8. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.
9.9. User Published Content. User published Content and User Submissions do not represent the views of FLOW BIKE or any individual associated with FLOW BIKE, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, FLOW BIKE’S endorsement of user published Content. FLOW BIKE does not vouch for the accuracy or credibility of any user published Content on our Services or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the Services and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services and Services, you assume all associated risks.
9.10. Third Party Links. From time to time, the Services may contain links to websites that are not owned, operated or controlled by FLOW BIKE or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates, endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Services, you do so entirely at your own risk.
9.11. Transactional Partners. In some cases, we may partner with another entity to co‑promote their services within our Services. In these cases, you may be transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by FLOW BIKE Terms of Service.
9.12. Termination. You or we may suspend or terminate your right to use of the Services at any time, for any reason or for no reason. We may also block your access to our Services in the event that; (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
9.13. Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of this agreement. In addition, you represent and warrant that your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant FLOW BIKE all of the rights granted herein; and (b) FLOW BIKE’s use of your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including without limitation rights of publicity and privacy, and defamation. Furthermore, You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
9.14. DISCLAIMERS. YOUR USE OF THE SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FLOW BIKE, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER FLOW BIKE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLOW BIKE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9.15. LIMITATIONS OF LIABILITY. FLOW BIKE DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT WILL FLOW BIKE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, OR INFORMATION CONTAINED ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT SHALL FLOW BIKE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY-FIVE EUROS (25.00€).
9.16. Force Majeure. Neither FLOW BIKE nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
9.17. Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact us at firstname.lastname@example.org.
10. CHOICE OF LAW; DISPUTE RESOLUTION
This Agreement and its interpretation are ruled by Portuguese Law
The Parties agree that the district court of Lisbon will have the exclusive jurisdiction over any dispute or claim relating to this agreement.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.