eScoot Terms of use

These Terms & Conditions (“Terms”) are a legal contract between you and Cogo ApS (“Cogo”, “the Company”, “the Service”, “We” or “Us”). The Escoot mobile application (“Escoot”, “Escoot App”), is managed by Cogo ApS, CVR 41261560, Nørregade 28D, 1165 København K, Denmark .  These terms govern (I) Users that install and use the Escoot mobile application (the “app”), (II) Users that visit the www.escoot.bike, www.escoot.io website; (III) Users that use and access the Escoot Services provided through or enabled by the app (the “services”).

 

1. CONSENT

By using the Company’s Services you, the user, acknowledge these Terms and the limitations of liability as well as disclaimers of warranties, and other terms which affect your legal rights. If you do not agree with these terms, or if you lack capacity or authority to agree to these terms, do not install or use the app or access the services. Therefore, it is important that you read and understand the Terms before using the Services, as defined below. 

 

2. DEFINITIONS

“Mobility services or Services in general” means services related to the transport of people offered and supplied by the Mobility Operators independently and autonomously with regard to Escoot.

 

“Escoot services” means the aggregation service provided by Cogo ApS through the mobile application, as better described in Article 4, and the ancillary services connected with the various functions of the Platform, excluding the Mobility Services provided autonomously by the Mobility Operators.

 

“User or You” means the person accessing the Escoot app, the Escoot website and/or uses Escoot’s Services.

 

“Provider” means the company, other than Escoot, which provides the Mobility Services aggregated within the Platform.

 

“Partner” means any third party that promotes the Services through promotional campaigns which, with the consent of the specific User and in accordance with local laws and regulations, may offer the User discounts, gifts and so on.

 

3. SCOPE OF SERVICES

To get the most out of Escoot, it is important that you as a user understand our role in providing this Services. Escoot is a shared mobility aggregator that find and display shared mobility solutions to reach a destination by comparing all available alternatives in your close proximity (example shared electric scooters, bikes, cars, or mopeds). Our mobility aggregation service has the sole purpose of facilitating options for the User to compare and choose between the different Mobility Operators available in the surrounding area. Escoot is fully independent and must therefore not be confused with the Mobility Operators that provide and operate the vehicle fleets.  Our App and Service contain material that we produce and own, such as software, text, graphics, and imagery. We do not own any of the rides that you see in the App, which is provided to us by third parties/Mobility Operators (ex. Voi, Donkey Republic, ShareNow). The User is also aware that the aggregation and functionalities of the Platform connected with the booking of the Mobility Solution do not necessarily presuppose the existence of a specific commercial agreement between Escoot and the Mobility Operators.

 

Reservations / Bookings

When you find a shared Mobility Solution that suits you, you may book directly in the Escoot App or you may switch to the selected Mobility Operator’s own application (the “Operator”), where you can book your vehicle sharing. To access the vehicle, however, it might be necessary to switch to the selected Mobility Operator’s application or, in the case of some Operators, to access the vehicle directly through Escoot. For some Mobility Operators, the User is enabled to login and register a User account through Escoot, and also to buy and pay for Mobility Solutions. Only in the event of specific agreements with Providers will Escoot distribute certain Mobility Services. 

 

Third-party payments

If you are able to purchase third party goods or services through the App, we are acting as a broker to refer you to the seller of those goods or provider of those services. In some cases, we may process payments or aggregate services or usage of those services to provide you with additional benefits. We do not act as an agent for either you or that third party, and instead, you contract directly with the third party. Your purchase of the goods or services will be subject to separate contracts and terms of use in addition to these Terms. Any disputes or legal claims for problems or damages arising from or related to these third-party contracts, goods, or services, or any third-party websites or apps which are used in the process must be addressed exclusively to those third parties.

 

User account

For the purposes of booking the Mobility Services and for the use of the additional features described above, the User grants Escoot a mandate for the fulfilment, in his name and on his behalf, of all the documentation and activities necessary for this purpose for the  Mobility Operators services. In order to access certain services, you may be required to create a Escoot account. If you do so, you are responsible for completeness and that your data and information is accurate and up to date. You are also responsible for maintaining the confidentiality of your Escoot account, and you further agree to accept all responsibility for actions, information and activities that occur using that account.

 

Accuracy of Data

We do not offer guarantees concerning the correctness and completeness of data provided by third-party Mobility Operators. We do not offer guarantees on the Mobility Operators Services or Prices nor are we responsible for their content, availability, accuracy or functionality of these services, sites and resources. The point of contact for the User for questions and complaints relating to a Mobility Service and its operation is always with the Mobility Operator. You, the User, therefore assumes all risks deriving from the use of any website, service or third-party Operator accessible from our Service.

 

Service availability

Our ability to deliver all the functionality of our Services requires a stable data connection and access to location services like GPS. If your phone’s ability to access data via wireless networks (like 3G, 4G or 5G) or the Internet is compromised, the Services may be delivered incompletely, slowly, inaccurately, or not at all. These connectivity problems can arise from many sources, ranging from physical interference to power outages to errors by telecommunication providers. Once again, your ability to effectively use the App or Services may be compromised through no fault of Escoot, and we cannot accept any responsibility for any problems or damages which might occur.

 

The Services also depends on your device. If your device is damaged, not compatible with the App (including updates to the App), or if you have turned off permissions on which the App relies to deliver all the functionality of the Services (such as location sharing), then your ability to effectively use the App or Services may be compromised through no fault of Escoot, and we cannot accept any responsibility for any problems or damages which might occur.

 

Disclaimer of Warranties

From time to time we may need to make the App or the Services unavailable in order to fix bugs, perform maintenance, install updates, or similar tasks that improve the overall service we deliver. We make every effort to do so during times that have the least impact, but we cannot accept any responsibility for problems or damages that occur because of App or Services unavailability for these reasons.

 

4. ACCESS TO SERVICES

By using Escoot, subject to your compliance with these terms, and for as long as we make the Services available through the App, you are hereby granted a personal, non-commercial, limited, revocable, non-exclusive, non-transferable right, in order to (if applicable) search, compare, book, pay for, and use the Service, and only for such purposes. This does not include any right to directly access the software, databases, algorithms or data which powers the Services and App, nor any right to obtain a copy of the source code or architecture thereof. Escoot and its assignors hold and shall continue to maintain all rights regarding the Platform. Escoot may only be used in accordance with these Conditions and within the limits of compliance with third party rights.

 

Registration is not required to download and access the Escoot Services. However, before starting to use our Services, it is necessary to expressly accept these Terms, also by acknowledging having read the Privacy Policy as referred to in Article 8 below. Acceptance of the Terms entails the conclusion of a contract between Escoot and the User subject to these provisions.

 

When installing the App and using the Services, you must comply with all applicable laws and regulations.

 

When installing the App and using the Services, you must not: (i) decompile, disassemble, reverse engineer, investigate, or otherwise access any non-UI portion of the App; (ii) circumvent any limitations we place on your use of the App or Services; (iii) use or display the App in such a way that allows derivation of information about the Services that was not intended to be made available to users; (iv) circumvent any security features or technological protection measures built into the App; (v) automate access to the App or the Services, including, without limitation, through the use of bots, scrapers or other similar devices; (vi) attempt to install the App or access the Services after having been banned by us.

 

You as the User is responsible for meeting all the requirements for the use of the Mobility Services agreed with the Mobility Operators, according to the applicable terms and regulations (such as age, driving licence required for vehicle rental, identification documents, etc.). Any use of our Services in such a way as to violate the contractual terms and regulations applicable to the Mobility Operator is prohibited, with the consequent obligation of the User to indemnify and hold Escoot harmless from any prejudicial consequence deriving from the violation of the prohibition provided for in this article. Escoot expressly reserves the right to retroactively cancel licences or benefits granted to the User for any behaviour prohibited under the Conditions. Escoot shall determine, at its sole discretion, whether the User's behaviour is to be deemed prohibited; Escoot’s decision is final and irrevocable, and the User renounces any right to challenge this decision.

 

Further, by accessing and using Escoot, the User declares and guarantees to have the right, authority and ability to enter into this agreement.

 

5. LIMITATION OF LIABILITY

The use of Escoot and our Services is at your discretion and risk. We assume no liability for damage to your mobile, tablet or computer, loss of data, loss of revenue, loss of profits, loss of business opportunities, lost time, damage to property or other damage resulting from the use of Escoot or our Services. To the fullest extent permitted by applicable law, we do not offer any guarantee: (i) as regards the safety, accuracy, reliability, timeliness and performance of our Services; or (ii) that Escoot or our Services are error-free, or that any errors are corrected. In no event shall Escoot, its officials, employees or agents, be liable for indirect, incidental, special, punitive or consequential damages of any kind arising out of or in connection with the use of Escoot or our Services in violation of the Conditions.

 

6. MESSAGES

As part of the Services we provide, you may receive push notifications, SMS/MMS messages, alerts, e-mails or other types of messages sent directly to you within or outside of Escoot (“Push messages”). 

 

7. TERMINATION

We may terminate these Terms without cause and without prior notice if we suspend access to Escoot, the App or our Services. In the event of termination, all licences and other rights granted to you under these Terms shall cease immediately. We will not be liable to you or to any other person for the termination of our Services. In the event of termination or suspension, you will no longer be able to access all the information you have submitted to Us. You may terminate these Terms without cause at any time by uninstalling the App and ceasing to use the Services.

 

8. PRIVACY POLICY

Cogo ApS recognises the importance of protecting the privacy and rights of Users who use Our Services. Through our Privacy Policy, in compliance EU General Data Protection Regulation (EU 2016/679) (the “GDPR”), we inform our Users about the legal basis, the purposes and methods of processing their personal data collected and processed by Escoot itself as data controller, in relation to the use by Escoot, and our Services. Users are advised to carefully read our Privacy Policy, accessible here: www.cogoapp.io/escoot-privacy-policy. By accepting the Terms, the User also confirms that he/she has read the Privacy Policy.

 

9. OWNERSHIP

The User acknowledges and recognises that all information, data, software, content, music, sounds, photographs and images, videos and any other content on and relating to Escoot, are the exclusive property of Cogo ApS, the Mobility Operators, and other licensors. Users do not acquire any rights that refer to Escoot or our Services, the only right is the right to use Escoot or our Services in compliance with the Conditions.  

 

Mobility Operators

The trademarks and logos that distinguish the Mobility Operators are the exclusive property of the Mobility Operator; the reproduction of these distinctive signs within the Platform is for purely descriptive purposes. It is expressly forbidden for the User to reproduce or use in any way the brands and logos of the Mobility Operator without their explicit permission. Contact the Mobility Operator for more detailed information about these designations and their registration status.

 

10. PROMOTIONAL CAMPAIGNS

If you, as a User, give your consent to participate in a promotional campaign promoted by a Partner, the User must accept the specific terms and conditions for that specific promotional campaign. The management and completion of the promotional campaign shall be the responsibility of the Partner.

 

11. GOVERNING LAW AND JURISDICTION

The terms of this Agreement are governed by and constructed in accordance with Danish law. If there is a dispute regarding our Service or these Terms, legal proceedings may be brought by either of us in the Danish courts only.

 

12. GENERAL

The Terms shall constitute the entire agreement between You and Escoot regarding Escoot and our Services, and supersede all prior communications between you and Escoot regarding our Services. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in effect for all purposes.

 

Escoot shall not be responsible for any failure to comply with the obligations assumed here in the event that such failure is due to causes beyond the reasonable control of Escoot, including, but not limited to, mechanical failures, interruption of telephone and communication lines, “line-noise” interference, etc …

 

The contract subject to the Terms shall be deemed concluded by the User in a personal capacity and is therefore not transferable to third parties, just as the individual rights deriving from it are not transferable or sublicensable.

 

Status of the Parties

These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor do they create any fiduciary duties.

 

13. CHANGES TO THESE TERMS

We may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made at any time and from time to time at our discretion, the amendments will take into effect immediately and will apply to all Users. Users will be notified via email and/or the app, and will be published on our website www.escoot.bike, www.escoot.io and in our App.

If you disagree with any amendments, you may terminate these Terms by uninstalling the App and ceasing to use the Services. If you do not uninstall the App and cease using the Services during that time, then by your continued use, you are considered to have accepted the proposed amendments.

 

14. CONTACT INFORMATION

If you have any questions or concerns, you may contact us by using the contact information below or connect with us on our Website.

 

Email: hello@escoot.io

Address: Nørregade 28D, 1165 København K, Denmark

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These Terms & Conditions were last updated on 9 March 2022