These Terms & Conditions (“Terms”) are a legal contract between you and Cogo ApS (“Cogo”, “the Company”, “the Service”, “We” or “Us”). The Cogo mobile application (“Cogo”, “Cogo App”), is managed by Cogo ApS, CVR 41261560, Nørregade 28D, 1165 København K, Denmark. These terms govern (I) Users that install and use the Cogo mobile application (the “app”), (II) Users that visit the www.cogoapp.iowebsite; (III) Users that use and access the Cogo Services provided through or enabled by the app (the “Services”).
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.
“Cogo”, “Cogo services”, “Us”, “We”, 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.
“Mobility services”, “Services in general”, “Provider”, “Operator”, “Mobility Operator”, “Mobility Provider”, means the company (other than Cogo) and services related to the transport of people offered and supplied by the Mobility Operators independently and autonomously with regard to Cogo.
“User”, “You” means the person accessing the Cogo app, the Cogo website and/or using Cogo’s Services.
“Vehicles”, “Ride” means the electrical or manual vehicles provided by the Mobility Operators and accessible through Cogo, such as but not limited to e-scooters, bikes, e-bikes, cargo bikes, mopeds, cars, taxi’s or ride hail vehicles.
“Services” means the use of the Vehicles, Website, Cogo App and Mobility Operators Apps or Website and its related services as described on the Website and in the Cogo App. Services are made available through the Cogo Website or the Cogo App, together with any other related equipment services, and information made available by Cogo and Mobility Operators.
“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.
To get the most out of Cogo, it is important that you as a user understand our role in providing this Services. Cogo is a shared mobility aggregator that finds and displays 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. We may additionally for certain Mobility Operators and Cities offer You the possibility to unlock Vehicles and Pay all associated costs and fees directly in the Cogo App. In some cases there may be charges from both the Cogo App (Our service fee), and from the Mobility Operator (for the cost of the actual trip).
Cogo 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 etc.). 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 or technical agreement between Cogo and the Mobility Operators.
3.1 Reservations / Bookings
When you find a shared Mobility Solution that suits you, you may book directly in the Cogo 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 Cogo. For some Mobility Operators, the User is enabled to login and register a User account through Cogo, and also to buy and pay for Mobility Solutions.
3.2 Third-party payments
If you are able to purchase third-party goods or services through the App, we are acting as a broker or agent to you to sell those goods or services on behalf of the Mobility Operator. In some cases, we may process payments or aggregate services or usage of those services to provide you with additional benefits.
3.3 Payment facilitators
You agree, understand and acknowledge that We may engage third-party payment processors / gateway service providers to facilitate the processing of payments, including Auto-Update. Accordingly, you may be required to follow any terms and conditions of such third-party payment processors/gateway service providers, as communicated to you, from time to time.
3.4 Payments and fees
(i) You may use our services through Pay-as-you-go, Prepaid ride passes, Monthly Subscriptions, or other payment solutions if available. You will be charged in accordance with the prices available in our App or Website and each ride starts when you “reserve” or “unlock” a vehicle and ends when you “end your ride” (or equivalent button(s) text in the app). Fees and other charges may be subject to applicable taxes and other local charges, which may be charged and collected by Us.
(ii) Terms and pricing conditions for Pay-as-you-go, Prepaid ride passes or Monthly Subscription will be displayed in the App and must be accepted by you prior to purchase. Limitations may apply, and may include a geographical limit, daily time limit, limit of number of unlocks or daily ride limits. Purchase of these offers may not be used combined with other promotional offers, rewards or other discounts (unless specifically described). Purchasing of Prepaid ride passes or Monthly Subscriptions does not guarantee the availability of the Mobility Operators services. It will be clearly communicated when they will expire at the time of purchase and in the App.
(iii) We may require or make available an option for you to automatically make payments on a recurring basis (“Auto-Update”). By enabling Auto-Update, you opt to automatically reload your account balance each time your account reaches or falls below zero or another specified amount. We may, at any time, without any notice to you, discontinue Auto-Update. To use Auto-Update, you may be required to choose: (a) the balance amount at which you wish to automatically load your account balance, and/or (b) the amount you wish to load/add (such amount, “Auto-Update Amount”).
(iv) You have the right to withdraw from a Prepaid ride pass, or Monthly Subscription within 14 days of the purchase without giving any reasons. If you want to withdraw your purchase you can either (a) use the withdrawal form provided in Annex A or (b) by contacting Us in accordance with Section 14 “Contact Information''.
(v) If you activate the Prepaid ride pass, or Monthly Subscription during the 14 day withdrawal period (which means that you have expressly requested to get access to the Service), then you explicitly renounce your right of withdrawal. Should you want to withdraw during the 14 days period, in accordance with the conditions mentioned above, you will be entitled to a refund on a pro-rata basis conditional to the limitations of the Prepaid Pass that you have purchased and used until termination.
(vi) We may issue promotion coupons or codes on behalf of any, or all Mobility Operators subject to any additional terms established on a per promotional code basis ("Promo Codes"). The Promo Codes are one-time offers and can only be redeemed via the Cogo App. We reserve the right to modify or cancel Promo Codes at any time at Our sole and absolute discretion. We may suspend or cancel Promo Code(s) and Your use of the App at any time if We have grounds to believe that the use or redemption of the Promo Code(s) was in error, fraudulent, illegal or in violation of the applicable Promo Code terms or this Agreement.
(vii) You may be able to share a personal invite code to earn credits. Personal invite codes should only be used for personal and non-commercial purposes. This means you can share your invite link with 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 Personal invite code via search engine marketing (for example, AdWords, Facebook) is 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.
(viii) We and our Partners support in-App Payment, provide assistance, and resolve disputes related to in-App Payment. If You dispute any transactions charged to Your Elected Payment Method by Us, You must contact Us in accordance with Section 14 within 10 Business Days.
(ix) We may charge a payment fee for each payment that is added to each order of the Services. The payment fee is for Visa/Mastercard or other payment service fees. The amount of the service fee is displayed in the App. Your bank may make additional charges for Your use of Your credit or debit card which are not shown in the App. Please note that after You have booked a Vehicle, we may automatically pre-authorise an amount from Your credit card to confirm the availability of the payment.
(x) We may charge a service fee for our service and handling of Your booking of a Vehicle that is added to each order of the Services. The amount of the service fee is displayed in the App and is included in the total amount due to pay for each order of the Service.
You will be liable to us and/or the Mobility Operators for any damages for which you are responsible. You must report any accident, crash, damage, personal injury, stolen or lost Vehicle or other similar incidents to Cogo or the Mobility Operator as soon as possible. In cases of accidents, We would appreciate it if you could try to gather evidence, 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.
(i) You are responsible for any theft, damage or loss of a Vehicle for which you are responsible for. Cogo is on behalf of the Mobility Operator, or the Mobility Operator themselves entitled to be indemnified by you in respect of any legitimate third-party claims (including legal costs) insofar as you are not covered by your own personal insurance.
(ii) You are liable for all violations of road traffic regulations, public order regulations and other statutory provisions for which you are responsible in connection with your use of a Vehicle. You are liable for any resulting penalties, fees and costs and must indemnify Cogo or the Mobility Operator directly in respect of any resulting third-party claims. For the avoidance of doubt, you will not be liable if and to the extent that any such penalties, fees, costs or claims resulting from your use in accordance with these Terms and the Mobility Operators Terms of a Vehicle which is defective.
(iii) You will not be liable to the extent that an insurer compensates the damage and no recourse is taken against Cogo or the Mobility Operator.
(iv) No limitation of liability agreed between Cogo or the Mobility Operator and you in respect of damages to a Vehicle will apply if you willfully caused the damage.
If a Vehicle is unlocked with your Account and is subject to fines you are at your full discretion obliged to pay such fines. It is the Mobility Operator that defines the fines and Cogo may on your behalf pay the Mobility Operator and Cogo will in turn charge you for the equivalent amount plus any potential additional costs incurred by Us. Fines that may occur, but are not limited to:
(i) If a Vehicle is parked outside of the permitted Parking Area;
(ii) If a Vehicle appears to be damaged beyond normal wear and tear, is in a state of disrepair or has been vandalized, then, at Ours or the Mobility Operators sole discretion, We may charge You a fee that is equal to the cost of repair or replacement of the Vehicle and equipment;
(iii) If a Vehicle is abandoned without notice, You will be responsible for all fees and costs until the Vehicle is recovered;
(iv) If a Vehicle is not recovered or returned (ie. the ride is finished and the Vehicle parked) within 48 hours, then in Ours or the Mobility Operators sole discretion, We may consider the Vehicle to be lost or stolen, in which case We may charge You the full amount to replace such Vehicle and file a police report against You;
(v) You agree to pay any fines, fees, penalties, and/or any other charges incurred by Us or the Mobility Operator, that result from Your use of any Vehicle, You parking any Vehicle improperly (e.g. outside a Permitted Parking Area) or as a result of You violating any law, rule, regulation, or ordinance while using the Services;
(vi) All amounts due and payable to Us will be charged to Your Elected Payment Method. If these payment methods fail, other collection procedures may be employed. You agree to compensate all of Our and the Mobility Operators collection costs, including without limitation reasonable legal fees, if You do not pay amounts owed to Us or the Mobility Operator when due.
3.7 User account
For the purposes of booking the Mobility Services and for the use of the additional features described above, the User grants Cogo a mandate for the fulfillment, in his/her name and on his/her 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 Cogo account. If you do so, you are responsible for the completeness and that your data and information are accurate and up to date as set out in “4. Access to Services”. You are also responsible for maintaining the confidentiality of your Cogo account, and you further agree to accept all responsibility for actions, information and activities that occur using that account.
3.8 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 the 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 may be with Cogo or directly with the Mobility Operator, information of who the User should contact shall always be available in the Cogo App. You, the User, therefore assumes all risks deriving from the use of any website, service or third-party Operator accessible from our Service.
3.9 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 Cogo, and we cannot accept any responsibility for any problems or damages which might occur.
The Services also depend 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 Cogo, and we cannot accept any responsibility for any problems or damages which might occur.
3.10 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 Service's unavailability for these reasons.
Cogo as well as some, if not all, Mobility Operators may maintain third-party liability and personal accident insurance on behalf of the User while they are using a Vehicle;
(i) The cost of the insurance may automatically be included in the cost of using a Vehicle or as an additional add-on selection before starting a ride;
(iii) If, for any reason, you are not eligible for the Insurance Cover, then you understand and acknowledge that you assume liability for any and all costs caused by you to a third party, including without limitation costs of ambulance transport services, hospital stays and medical treatment.
By using Cogo, 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 that powers the Services and App, nor any right to obtain a copy of the source code or architecture thereof. Cogo and its assignees hold and shall continue to maintain all rights regarding the Platform. Cogo may only be used in accordance with these Conditions and within the limits of compliance with third-party rights. The use of our Service and in extension the Mobility Operators is at your own risk.
In order to be able to access certain features of the app such as unlocking of a Vehicle or pay for your trips directly in the Cogo app you may be required to;
(i) Have an Account and use Your real name, have accurate personal and card information for setting up the account and keep such information up to date at all times;
(ii) Provide proof of identity in the form of a picture from Your driver's license or a government identification document to obtain or maintain access to the Services;
(iii) Registered a valid credit card or debit card or other payment method supported by the App (“Elected Payment Method”);
(iv) Follow the rules and regulations as stipulated in this Agreement as well as in the instructions and regulations as shown in the App before starting a ride;
4.1 When installing the App and using the Services, you must comply with:
(i) all applicable laws and regulations;
(ii) riding rules and safety in 4.3 “Permission to drive”
(iii) the applicable terms and conditions for Your applicable Service Area;
(iv) the eligibility conditions listed in Section 4 and confirm that they are met.
4.2 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.
4.3 Permission to drive
You as the User are only permitted to ride Vehicles if you meet all of the requirements according to the applicable terms and regulations of the Mobility Operator. Such requirements may be, but are not limited to:
(i) You are at least 18 years or of legal age to operate the vehicle, certain vehicles such as a bike may be at least 16 years of age;
(ii) You have submitted valid ID, identification documents or driver's license for the vehicle rental if required by local regulations;
(iii) You are able to operate the vehicles in a competent manner, you know how to operate them and you are physically able to do so. You also understand that certain weather conditions (such as rain) can impact safety and you adjust your driving style accordingly (e.g. adjusting for a longer braking time in rain etc.). This may also mean not using certain vehicles at all at certain times;
(iv) You have educated yourself on local laws governing how to use the Mobility Operators vehicles (e.g. where to ride, how to ride and how to end a ride). While the Mobility Operators and Us do our best to educate you it is your responsibility to know the local regulations when you use the Mobility Operators vehicles;
(v) You take safety precautions seriously. It is recommended that you wear a helmet at any time you operate a bike, scooter or moped. In some service areas helmet may be a requirement;
(vi) You perform safety checks before using a Vehicle. Such as;
(vii) You shall always ensure proper parking;
If you notice that something is not working or is broken please do not use this vehicle, and make sure to contact Us or the Mobility Operator directly so it can be repaired. If you notice something during use, stop your ride as safely as you can and as soon as possible. If you do not report an issue, we may attribute the issue to you, including holding you accountable for any costs to fix the issue.
4.4 Right to revoke user access
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 Cogo harmless from any prejudicial consequence deriving from the violation of the prohibition provided for in this article. Cogo expressly reserves the right to retroactively cancel licenses or benefits granted to the User for any behavior prohibited under the Conditions. Cogo shall determine, at its sole discretion, whether the User's behavior is to be deemed prohibited; Cogo’s decision is final and irrevocable, and the User renounces any right to challenge this decision.
Further, by accessing and using Cogo, the User declares and guarantees to have the right, authority and ability to enter into this agreement.
The use of Cogo and our Services is at your discretion and risk. We, or the Mobility Operators, 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 Cogo 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;
(ii) that Cogo or our Services are error-free, or that any errors are corrected. In no event shall Cogo, 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 Cogo or our Services in violation of the Conditions.
You agree to defend, indemnify and hold Cogo and any affiliated entity such as the Mobility Operators harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with:
(i) your use of the Services and any Rental Services provided by any entity;
(ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties mentioned;
(iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
(iv) your violation of any applicable law, rule or regulation;
(v) any claim or damages that arise as a result of any User Submission or other content, message or information that you provide to Cogo, including without limitation any claim or damages arising from a defamation or invasion of privacy claim;
(vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more other users of the Services, you release Cogo (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes
5.3 Force Majeure
Neither Cogo, the Mobility Operators or 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, acts of God, 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.
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 Cogo (“Push messages”).
We may terminate these Terms without cause and without prior notice if we suspend access to Cogo, the App or our Services. In the event of termination, all licenses 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.
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 Cogo, are the exclusive property of Cogo, the Mobility Operators, and other licensors. Users do not acquire any rights that refer to Cogo or our Services, the only right is the right to use Cogo or our Services in compliance with the Conditions.
9.1 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.
9.2 Content provided by Users
You may at times be invited to submit content to us (for example comment to a blog post, to participate in our communities or provide user tips). You retain ownership of this content but you must have the right to submit the content to us in the first place.
(i) Content provided to us give us (and our partners) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted and to the extent permissible by applicable law. Content published by Users does not necessarily represent the views of Cogo or any individual associated with Cogo, and we do not control or moderate this Content;
(ii) This license continues even if you stop using our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Any content you submit is deemed non-confidential;
(iii) Do not submit any content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising;
(iv) Submission of any of the above mentioned may result in suspension or termination of your user account, including where required by law. We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice, subject to applicable law.
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.
The Terms shall constitute the entire agreement between You and Cogo regarding Cogo and our Services, and supersede all prior communications between you and Cogo 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.
Cogo 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 Cogo, 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.
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.cogoapp.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.
If you have any questions or concerns, you may contact us by using the contact information below or connect through customer support channels in our App or Website.
15. ANNEX A
To Cogo ApS (Nørregade 28D, 1165 Copenhagen, firstname.lastname@example.org):
I hereby give notice that I withdraw from my contract for the provision of the following service: purchase of Prepaid Pass or Monthly Subscription for the use of the Cogo Services.
Ordered on: [to be completed by consumer]
Name of consumer(s): [to be completed by consumer]
Address of consumer(s): [to be completed by consumer]
Signature of consumer(s) (only if this form is notified on paper),
Date: [to be completed by consumer]