Hopp E-Vehicles Global Terms of Service
Effective from 1 January 2025
PLEASE READ THESE TERMS CAREFULLY! THEY INCLUDE A RELEASE OF LIABILITY AND AN ARBITRATION PROVISION THAT REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS.
A PDF version is available for download here ↗.
1. General
1.1 These Terms of Service constitute the agreement ("Agreement") between you ("You", "User" or "Rider") and Bolt Services US Inc, registration number 61-2215156, or our affiliates (“Hopp”, "Bolt", "We", "Us" or "Our"), regarding Your use of (i) any human-powered and electrically assisted vehicle made available in the App, such as e-scooters and e-bikes (together, "E-Vehicles"); (ii) Our mobile application for accessing and using E-vehicles (“App”); and (iii) other related services such as charging, maintenance, pick-up and similar services ("Related Services") made available by Us (E-Vehicles, App and Related Services are collectively the "Services").
1.2 If you need to get in touch with us:
1.2.1 Our postal address is: 1050 Connecticut Avenue NW, Suite 500, Washington, DC, 20036
1.2.2 Online: You can contact our customer support team via the chat function in the App.
1.2.3 Telephone: You can contact our customer support team via telephone (if available) via the contact number in the App.
1.3 The following documents are binding and incorporated by reference into this Agreement:
1.3.1 the rules for operating the E-Vehicles as set out in Annex A to this Agreement ("Riding Rules");
1.3.2 the safety guidelines related to the use of E-Vehicles displayed in the App, and as the case may be, in the App safety toolkit (“Safety Toolkit”);
1.3.3 the applicable fee schedule as displayed in the App (“Fee Schedule”), any other price information, rules displayed in the App related to Basic Pass and Package Pass (defined in 4.1), any applicable Promo Code terms and any instructions, manuals (including, if applicable, the User Manual of the E-Vehicle), and any other guidelines displayed in the App;
1.3.4 other business and product terms referred to in this Agreement, including service descriptions, policies and notices, including Our Privacy Policy for Passengers and Riders ("Privacy Policy") that is made available in the App or at: https://gethopp.com/en/legal/ and shall apply respectively (mutatis mutandis) to the processing of Your personal data in connection with the use of the Services;
1.3.5 supplemental country or city-specific ("Service Area") terms applicable in the area where the ride is taken.
1.4 As Our Services evolve, We reserve the right to make changes to this Agreement at any time, by posting the amended Agreement or its supplemental terms on Our website or the App and notifying You thereof through the email address provided during Your registration. Your continued use of the Services after such posting constitutes Your consent to be bound by the Agreement as amended.
2. Use of the App
2.1 The Services are used through the App. The App is available in multiple languages which can be changed in your profile. The App enables the persons requiring transportation to find E-Vehicles by sharing data of their geographic location. In order to provide you with our Services, we may track your device’s location via the App. There may be restrictions for the provision of Services based on the location of your device. These restrictions are apparent via the interface of the App. We do not provide Services in all jurisdictions. As the availability of our Services may change from time to time, there is no final list of jurisdictions.
2.2 The use of the Services requires installation of the App and registration of a user account ("Account"). During the installation of the App, Your mobile number will be linked to Your Account and added to Our database.
2.3 We may update the App from time to time in order to provide you with the best possible service. The services available via the App are only accessible with an internet connection. There are no specific technical requirements for the internet connection, however, the quality of the service may be affected by the internet speed. The App is available on Android and Apple devices in accordance with the latest software updates.
2.4 In case of any defects in the App, We endeavour to correct them as soon as possible, but You acknowledge that the functionality of the App may be restricted due to occasional technical errors and We are not able to guarantee unlimited faultless functioning of the App at all times. We accept no liability for any losses incurred as a consequence of the App not functioning or not being usable in the desired manner, to the maximum extent permitted by applicable law.
2.5 Rooting, jailbreaking or modifying Your mobile device at a hardware or operating system level in any manner which is against the manufacturer’s instructions makes the device susceptible to mobile threats. You acknowledge that We are not liable for any losses in connection with the use of such a modified mobile device, and that We have no obligation to support the use of such a device.
2.6 Subject to Your compliance with the Agreement, We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App on Your personal device solely in connection with Your use of the Services.
2.7 We shall provide Services which are designed, delivered, and support compliance with industry standards and best practices, such as ISO 27001/27002, whenever feasible and not in conflict with other agreed requirements. If credit card data is processed, Payment Card Industry Data Security Standard shall also be complied with.
3. User Eligibility and Accounts
3.1 You are eligible to use the Services if:
3.1.1 You have an Account;
3.1.2 Your Account is linked with a valid credit or debit card or other payment method supported by the App, ("Elected Payment Method");
3.1.3 You are no less than 18 years old and legally authorized to ride E-Vehicles according to Local Laws related to the minimum age for the use of available E-Vehicles in your Service Area;
3.1.4 You have a valid driver licence in the Service Area in which You are using the Services, if such licence is compulsory for the use of the E-Vehicle;
3.1.5 You are physically fit capable, and have the necessary skills and expertise to use, ride and operate E-Vehicles, in a safe and competent manner.
3.2 When creating and using Your Account, You:
3.2.1 agree to only use Your real name, accurate personal and card information for setting up the Account, and keep such information up to date at all times;
3.2.2 agree that You are and will be the sole user of Your account, except as permitted for Group Rides in Section 4.6 below;
3.2.3 agree that You may be requested to provide proof of identity in the form of a picture from Your driver licence or a government identification document to obtain or maintain access to the Services;
3.2.4 are liable for the access, control and security of Your Account, and responsible for: (i) the user name and password for Your Account; and (ii) all actions carried out under Your Account, including, but not limited to, activating (unlocking), using, deactivating (finishing Your ride) and proper parking of the E-Vehicles pursuant to this Agreement and as the case may be in the Permitted Parking Area, or failing to do so, unless You have reported misuse of Your Account pursuant to Section 3.2.5. We may assume that anyone using Your user name and password is authorized by You to do so;
3.2.5 agree to notify Us immediately if You become aware of any unauthorized access to or use of Your Account, or other situation that may cause loss of control of Your Account;
3.2.6 agree that We have the right to suspend, restrict or disable Your Account to the extent required to (i) secure lawful use of App, including without limitation for fraud prevention, risk assessment, investigation and customer support purposes; (ii) ensure Your compliance with this Agreement, Riding Rules and Safety Toolkit; (iii) comply with an applicable law or the order of a court, law enforcement or other administrative agency or governmental body; or (v) as otherwise set forth in this Agreement;
3.2.7 agree that We may send You text (SMS), push notifications and e-mail messages in connection with the Services.
4. Use of E-Vehicles
4.1 By unlocking the E-Vehicle via the App, You agree to rent the E-Vehicle on a pay-as-you-go basis (“Basic Pass”) or through a package pass (“Package Pass”), subject to the terms of this Agreement and in accordance with the Fee Schedule applicable during the rental period.
4.2 Each time You unlock the E-Vehicle and start the ride, You certify and expressly agree that:
4.2.1 You will comply with all applicable traffic laws and regulations;
4.2.2 You have read, understood, and will comply with the Riding Rules in Annex A, and applicable Local Rules in Annex B, the Safety Toolkit, and any other applicable terms and conditions for the Service Area; You meet the eligibility conditions listed in Section 3.1 above; and
4.2.3 You will not tamper with the E-Vehicle, any onboard GPS device, or any other technology or equipment related to the Service.
4.3 By unlocking the E-Vehicle, You agree and undertake:
4.3.1 that the E-Vehicle, and any equipment attached thereto, at all times, remains Our property, and that You shall not dismantle, modify, repair, vandalise or deface the E-Vehicle, or any equipment attached to it, in any way;
4.3.2 to use the E-Vehicle in accordance with this Agreement, including the Riding Rules, the Safety Toolkit, any instructions, manuals and guidelines displayed in the App and the terms and conditions for Your applicable Service Area;
4.3.3 not to allow any other person to use the E-Vehicle unlocked by You, except as part of a Group Ride as defined in this Agreement;
4.3.4 to assume full responsibility for care of the E-Vehicle during the rental period and to return the E-Vehicle in the same condition in which it was rented to a permitted parking area, according to Local Laws, the type of E-Vehicle and the parking instructions specified in the App ("Permitted Parking Area"). If the E-Vehicle is returned damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair pursuant to Section 5.4.2.
4.4 If the E-Vehicle runs out of charging power during a rental, You shall terminate the ride in compliance with the instructions of the App and the terms of this Agreement and park the E-Vehicle to the Permitted Parking Area.
4.5 You must report any accident, crash, damage, personal injury, stolen or lost E-Vehicle to Us in accordance with Section 10.1 as soon is safely possible. If the incident involves personal injury, property damage, or a stolen E-Vehicle, You shall file a report with the local police department within 24 hours.
4.6 In selected Service Areas, We may permit You (“Host”) to unlock multiple E-Vehicles with Your Account at the same time for use by guest riders (“Guests”) to participate in a group ride (“Group Ride”). The Group Ride feature will be displayed in the App subject to availability. The Host acknowledges that discounts, promotions and other credits or incentives are not applicable to any Group Ride. By using the Group Ride feature, the Host agrees and undertakes to:
4.6.1 make the Host’s mobile device available for each Guest to personally read, accept and comply with all applicable provisions of this Agreement, Our Privacy Policy, the Riding Rules and the Safety Toolkit.
4.6.2 ensure that all Guests are at least 18 years old and meet the eligibility conditions listed at Section 3.1.4 and 3.1.5 above.
4.6.3 authorise Us to charge the Elected Payment Method linked to the Host’s Account for all fees and charges associated with Services provided in the course of the Group Ride.
4.6.4 assume full responsibility and liability for any damage, loss and injury caused by culpable conduct of Guests while using the Services, to the maximum extent permitted by applicable law.
4.6.5 assume full liability for all fines, fees, penalties, and/or any other charges that result from the use of any of the E-Vehicles unlocked in the Group Ride, or as a result of Guests parking an E-Vehicle improperly or as a result of a Guest violating any law, rule, regulation, or ordinance while using the Services (collectively, “Guest Sanctions”), to the maximum extent permitted by applicable law. You agree that We may pay all Guest Sanctions issued to Us directly, issued to Us on your behalf OR your Guest’s behalf and that We are entitled to a reimbursement of these amounts plus a reasonable administrative fee which will not exceed $30.00 (“Admin Fee”).
5. Payment and Fees
5.1 You may use our Services through a Basic Pass or a Package Pass if available. You will be charged fees for Your use of the E-Vehicle and Services in accordance with Our Fee Schedule and the type of E-Vehicle. Each use of the E-Vehicle starts when You click "Unlock" and terminates when You click "Finish your ride" (or equivalent button(s) on the App). Our fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Us.
5.2 In certain Service Areas, You may have the option to purchase Services through a Package Pass. Before completing Your purchase, the Package Pass terms, limitations and pricing conditions applicable will be clearly and conspicuously displayed in the App. You must read and accept these terms prior to purchase.Package Passes may not be used in conjunction with promotional offers, rewards or other discounts. Purchase of a Package Pass does not guarantee the availability of Services. Package Passes will expire on the date of expiry stated, at the time of purchase, in the applicable terms and pricing conditions.
5.3 In certain Service Areas, Package Passes are available for purchase as subscriptions that renew automatically unless cancelled. Before completing Your purchase, We will clearly disclose the length of the renewal term (e.g., weekly, monthly), the subscription price including any applicable taxes, and instructions on how to cancel Your subscription. By completing Your purchase and providing affirmative consent (e.g., clicking "Subscribe" or similar language), You acknowledge and agree that Your Elected Payment Method will be charged the subscription fee at the beginning of each renewal term until You cancel. You authorize Us to charge Your Elected Payment Method the subscription fee at the then-current rate for each renewal term, unless and until You cancel. You may cancel Your subscription at any time by accessing the Subscriptions page in the App. To avoid being charged for the next renewal term, You must cancel at least 24 hours before the end of the current subscription period. Upon cancellation, You will receive a confirmation email or in-app confirmation. Activated or partially used Package Passes are not refundable, except where required by applicable law. If there are any changes to the terms of Your subscription, including pricing, inclusions or renewal terms, We will notify You in advance as required by applicable law.
5.4 We may issue promotional coupons or codes subject to any additional terms established on a per promotional code basis ("Promo Codes"). 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.
5.5 If the E-Vehicle unlocked with Your Account:
5.5.1 is parked outside the Permitted Parking Area, then in Our sole discretion, We may charge You a pick-up fee of up to $100.00 This amount is based on our costs for pick-up and associated losses;
5.5.2 appears to be damaged beyond normal wear and tear, is in a state of disrepair or has been vandalized, then, in Our sole discretion, We may charge You a fee that is equal to the cost of repair or replacement of the E-Vehicle and equipment;
5.5.3 is abandoned without notice, You will be responsible for all fees until the E-Vehicle is recovered, plus a search fee of up to $120.00 and maximum ride fee specified in the App depending on the time that it takes to recover the E-Vehicle. This amount is based on our costs and associated losses;
5.5.4 is not recovered or returned (ie. the ride is finished and the E-Vehicle parked) within 48 hours, then in Our sole discretion, We may consider the E-Vehicle to be lost or stolen, in which case We may charge You up to $500.00 per E-Vehicle and file a police report against You.
5.5.5 is not parked in accordance with section 3 of the Riding Rules and/or you do not take a clear end-of-ride photograph when prompted to do so in the App, We may charge you a fee of $6.00 (“Parking Enforcement Fee”). You agree that improper parking or failing to take a clear end-of-ride photograph constitutes a breach of this Agreement and acknowledge that the imposition of the Parking Enforcement Fee is a reasonable and necessary measure to ensure the proper use of parking areas, public spaces and the safety and convenience of other users and members of the public. By agreeing to these Terms, You authorise Us to charge an amount equal to the Parking Enforcement Fee to Your Elected Payment Method.
5.6 When You use our Services, You must comply with all local laws, traffic rules and parking regulations. You are responsible for any fines, impound fees, penalties, towing fees, vehicle storage fees and/or any other similar charge (collectively, “Municipal Sanctions”), that result from Your use of any E-Vehicle, You parking any E-Vehicle improperly or as a result of You violating any law, rule, regulation, or ordinance while using the Services. You agree that We may review the merits of and pay all Municipal Sanctions issued to Us directly or issued to Us on your behalf. We are entitled to a reimbursement of:
5.6.1 The amount of the Municipal Sanction, in the currency of the Municipal Sanction; plus
5.6.2 an Admin Fee which will not exceed $30.00
5.7 By agreeing to these Terms, You authorise Us to charge an amount equal to each Municipal Sanction OR Guest Sanction plus an Admin Fee to Your Elected Payment Method without Your intervention. We will notify You on or around the time we charge Your Elected Payment Method or 14 calendar days in advance of effecting such charge as required by applicable law. If You disagree with, or would like to make a complaint in respect of, the imposition or attribution of a Municipal Sanction, Guest Sanction or Admin Fee, You should contact Us immediately using the contact channels indicated at the top of this Agreement or via the chat function in the App.
5.8 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 Our collection costs, including without limitation reasonable legal fees, if You do not pay amounts owed to Us when due. We have the right to suspend, restrict or disable Your Account if You do not pay the amount owed to Us when due. If You have any questions related to the suspension, please contact our support team. Your Account will be reopened when the amount due is paid
5.9 You can pay for the Services with Your Elected Payment Method, which requires prior activation within the App. You authorise Us to charge Your Elected Payment Method linked to Your Account for all fees and charges incurred by You pursuant to this Agreement. Such fees and charges may be subject to applicable taxes, which may be charged and collected by Us.
5.10 We and our contractors 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 10.1 within 10 Business Days.
5.11 For credit and debit card payments, We may charge a service fee for each payment that is added to each order of the Services. The service fee is for Visa/Mastercard 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 an E-Vehicle, we automatically pre-authorise an amount from Your credit card to confirm the availability of the payment.
5.12 You agree to immediately inform Us of any changes relating to Your Elected Payment Method linked to Your Account that may impair Our ability to charge You pursuant to this Agreement.
6. Release and Limitation of Liability
6.1 You acknowledge and agree that Your use of the Services, E-Vehicles and related equipment, is at Your sole and individual risk, and that We are not responsible for any consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown, that You or a third party may suffer as a result of Your use of the Services. You fully understand such risks by acknowledging that:
6.1.1 Riding E-Vehicles involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Such risks include but are not limited to:
• Collisions with pedestrians, vehicles and other objects; • Road conditions, including potholes or cracked pavement; • Weather-related conditions that may affect the safe use of the E-Vehicle; • Traffic; and • Automated speed reductions in “no-ride” or “low-speed” zones designated by local authorities.
6.1.2 the E-Vehicle is a machine that may malfunction, even if properly maintained, and that such malfunction may cause injury. It is Your responsibility to inspect the E-Vehicle for damage and proper function at the beginning of each ride.
6.1.3 Wearing a helmet and other protective equipment and diligent compliance with the Riding Rules and this Agreement are essential to reduce Your risk of injury and risk of causing injuries or damage to others.
6.2 In exchange for Your use of the Services, You agree to fully release, indemnify, and hold harmless the Released Parties (as defined below) from liability for any and all Claims (as defined below).
• The “Released Parties” means Hopp and any city, municipality, university, corporation, property owner, or other entity that has contracted for, permitted, or licensed the Services in the locality in which You use the Services, together with their respective owners, directors, officials, officers, managers, affiliates, employees, contractors, agents, representatives, volunteers, shareholders, successors, and assigns. • “Claims” mean any and all claims, demands, causes of action, debts, liens, fines, penalties, expenses (including for attorneys’ fees), damages or other losses arising out of or in any way related to the Services, the E-Vehicle or any related equipment, or this Agreement, whether based in contract or tort or statutory claims, including but not limited to claims based on the Released Parties’ alleged negligence or breach of contract or warranty. “Claims” includes, to the fullest extent allowable by law, any consequential, compensatory, statutory, or punitive damages, and any other type of loss or damage.
If Your use of any of the Services causes any injury or damage to another person or property, then You assume full responsibility for and will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown. If Your conduct causes Us to pay third parties’ claims, You are solely responsible to Us, and agree to indemnify Us, for all losses incurred by Us in paying those third party claims, including any costs incurred in the defense of those third-party claims, such as attorneys’ fees, court fees, or arbitration fees.
6.3 We reserve the right to offer a liability insurance arrangement (“Insurance Cover”), to insure, subject to limitations and exceptions of the Insurance Cover, liability You incur in respect of injury to a third party or accidental damage to the physical property of a third party arising from Your use of the E-Vehicle. 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. Policy documents (if available) are accessible in the App or at: https://gethopp.com/en/legal/
6.4 All of the Services, in particular E-Vehicles and related equipment, are provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, the Released Parties (as defined above) exclude and disclaim all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law. We do not represent, warrant or guarantee that any of the Services, E-Vehicles, or related equipment, will be in good repair or in an error-free state, or that delays, omissions, interruptions or inaccuracies will not occur in relation to any of the Services, E-Vehicles, or related equipment. In particular, the Released Parties disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
6.4.1 whether the information (including any instructions in the App) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
6.4.2 whether any defects or errors in the Services will be repaired or corrected;
6.4.3 whether the Services will be available at any particular time or Service Area; and
6.4.4 whether Your use of the Services is lawful in any Service Area.
6.5 All implied conditions and warranties of any type in relation to the Services are excluded to the maximum extent allowed by law. Nothing in this Agreement excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.
6.6 If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded ("Non-Excludable Provision"), and We are not able to limit Your remedy for a breach of the Non-Excludable Provision, then Our liability for breach of the Non-Excludable Provision is limited exclusively (so far as the law permits) to Our option to:
6.6.1 in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
6.6.2 in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
6.7 In no event shall Our aggregate liability for any and all claims arising out of this Agreement, including those based on tort or other grounds, exceed $500.00 or the amount of the fees paid to Us for the rental period during which the incident, accident or event that caused the claim/s to arise occurred, whichever is lower.
6.8 Neither We nor You shall be responsible for damages or for delays or failures in performance resulting from circumstances beyond the reasonable control of the non-performing party, including, without limitation an element of nature or an act of God, earthquake, fire, flood, war, terrorism, civil, industrial or military disturbance, sabotage, labour strike or lock-outs, pandemic, epidemic, riot, loss or malfunctioning of utilities or communication services, major cyber-attack, court order, act of civil or military authority, or governmental, judicial or regulatory action.
7. Dispute Resolution: Mandatory Arbitration and Class Action Waiver
7.1 As a prior condition to any mediation, arbitration, or lawsuit, We and You agree to first engage in good-faith efforts to negotiate using the customer support channels made available on Our App or website to address any concerns, claims, questions, or disagreements related to the Service.
7.2 If You and Hopp do not reach an agreed resolution through the customer support channels, then either You or We may initiate binding arbitration as the sole means to resolve claims or disputes, subject to the terms below.
7.2.1 ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT SHALL BE RESOLVED THROUGH BINDING ARBITRATION, WHICH MEANS YOU AND HOPP WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, EXCEPT AS SPECIFIED IN ANY APPLICABLE MASS ARBITRATION RULES, PROCEDURES, OR GUIDELINES.
7.2.2 Arbitration shall be administered by JAMS subject to the JAMS Comprehensive Arbitration Rules, available at www.jamsadr.com ↗. If more than 10 individual arbitration demands are initiated by the same or related parties or party representatives, then the JAMS Mass Arbitration Procedures and Guidelines will apply. In all arbitration proceedings, the JAMS Arbitration Discovery Protocols shall apply, subject to the following terms:
• Each party may take one deposition of an opposing party or of one individual under the control of the opposing party. No additional deposition will be permitted except by mutual agreement of the parties. • Written discovery will be limited to 10 interrogatories and 10 requests for documents per side, except by mutual agreement of the parties. • Discovery related to Hopp’s confidential business information or trade secrets will be produced subject to the terms of an appropriate protective order entered by the arbitrator.
7.2.3 The arbitrator shall have exclusive authority to resolve any arbitrability issues, including any dispute over this Agreement or this arbitration provision’s scope, application, meaning, or enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
7.2.4 The Federal Arbitration Act, 9 U.S.C. § 1 et seq. shall govern the interpretation and enforcement of all provisions of this Agreement pertaining to arbitration. The parties specifically agree that California Code of Civil Procedure §§ 1281.97 and 1281.98 do not apply in any dispute arising from this Agreement or the Services.
7.2.5 Should either party fail to submit to arbitration in compliance with the terms of this section, that party will pay any reasonable attorneys’ fees and costs associated with the other party compelling arbitration, including but not limited to motions or counter-claims for breach of contract.
7.2.6 Following any final arbitration hearing, the prevailing party shall be entitled to recover its costs, expenses, and reasonable attorneys’ fees and costs (whether incurred at mediation, arbitration, trial, an appeal, or otherwise), in addition to all other damages or awards to which that party may be entitled. You and We agree that a ruling that a party was less than 50% at fault constitutes a finding that such party is the prevailing party. In the event that neither party is ruled to be 50% or more at fault, then neither party shall be entitled to recover costs, expenses, or fees under this provision.
7.3 You and Hopp expressly waive any right to bring claims against each other in a class action or in any other representative capacity, or to seek relief as a class member in any representative action.
7.4 Notwithstanding the foregoing, either party may bring in action in state or federal court to assert claims to protect intellectual property rights (such as patents, copyrights, or trademarks) or to seek relief in a small claims court for claims that are within the scope of that court’s jurisdiction.
8. Your Content
8.1 You confirm that any text, images or other information that You provide to Us whilst using the Services ("Your Content") will meet the Rules of Acceptable Use as is set out below in Section 9.
8.2 We do not claim ownership over Your Content and ownership will remain with You and any third party whose content You include in Your Content. You grant to Us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, market, advertise, translate, licence, sub-licence and exploit Your Content anywhere and in any form for the purposes of providing the Services (including, where applicable, allowing other users to view Your Content).
8.3 You must ensure that You are able to grant Us the above licence for any content owned by a third party that You include in Your Content.
8.4 Our right to use You Content does not in any way affect Your privacy rights. Please see Our Privacy Policy for information on how We use Your personal information,
8.5 We have the right to monitor any of Your Content and to reject, refuse or delete any of Your Content where We think that it breaks any of the Rules of Acceptable Use.
9. Rules of Acceptable Use
9.1 In addition to the other requirements in this Agreement, this section describes specific rules that apply to Your use of the App ("Rules of Acceptable Use").
9.2 When using the App You must not:
9.2.1 circumvent, disable or otherwise interfere with any security related features of the App;
9.2.2 permit another person to use the App on Your behalf;
9.2.3 use the App if We have suspended or banned You from using it;
9.2.4 advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
9.2.5 modify, interfere, intercept, disrupt or hack the App;
9.2.6 misuse the App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the App or any user of the App;
9.2.7 collect any data from the App other than in accordance with this Agreement;
9.2.8 submit or contribute any of Your Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
9.2.9 submit or contribute any of Your Content that You do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
9.2.10 use Your Content in violation of any licensing terms specified by the owner;
9.2.11 submit or contribute any information or commentary about another person without that person's permission;
9.2.12 threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or harass, upset, embarrass, alarm or annoy any other person;
9.2.13 use any automated system, including without limitation 'robots', 'spiders' or 'offline readers' to access the App in a manner that send more request messages to the App than a human can reasonably produce in the same period of time; or
9.2.14 other action which is deemed as inappropriate for use of the App.
9.3 Failure to comply with the Rules of Acceptable Use, Riding Rules or Safety Toolkit, constitutes a material breach of this Agreement, and may lead to:
9.3.1 immediate temporary or permanent withdrawal of Your right to use the App and/or any other of Our apps or services;
9.3.2 immediate temporary or permanent removal of any of Your Content;
9.3.3 warning;
9.3.4 legal action against You, including proceedings to recover all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
9.3.5 disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
10. Governing law
10.1This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia.
10.2Your obligations may be governed by laws of the Service Area, for example, traffic and parking laws and regulations applicable in the Service Area ("Local Laws") and You agree to comply with any such Local Laws.
11. Miscellaneous
11.1 Notices and any other communication in connection with this Agreement or Services should be provided through the App, sent by e-mail to info@gethopp.com or reported through customer support channels made available on Our App or website.
11.2 You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole and absolute discretion.
ANNEX A General Riding Rules - E-Vehicles
1 Safety Checks
1.1 It is Your responsibility to conduct a diligent safety check prior to use of the E-Vehicle that includes, without limitation, the following:
(a)good condition of the frame;
(b)good condition of wheels (i.e. that the wheels are not flat or impeded by debris or mud);
(c)safe operation of brakes;
(d)sufficient battery power;
(e)testing that the bell of the E-Vehicle is working;
(f)lights and reflectors are in good working condition if You intend to ride the E-Vehicle during the hours of darkness;
(g)E-Vehicle is free from any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need; and
(h)follow the instructions, in particular, the Safety Toolkit, which are provided to You in the App at the time of booking the E-Vehicle.
1.2 Throughout the ride You shall constantly monitor that the E-Vehicle and its operation complies with the above safety requirements. If at any time during the ride You discover a breach of safety requirement(s) or notice any other potentially unsafe defect, condition or threat, You must immediately cease riding the E-Vehicle, when it is safe to do so, and notify Us in accordance with Section 10.1 of the Agreement.
2 Road Safety
2.1 You shall ride and operate the E-Vehicle safely at all times. When using, riding or operating the E-Vehicle, You shall:
(a)comply with all applicable traffic laws and regulations;
(b)comply with the Safety Toolkit instructions;
(c)use the safety gear as recommended and as required pursuant to the above laws, regulations and instructions, and, which are reasonably required to mitigate the risk of personal injury (Such as helmet, protective pads and proper shoes);
(d)not ride the E-Vehicle under the influence of alcohol, drugs, medication or other substances that may impair Your ability to safely operate the E-Vehicle;
(e)observe the speed limit and adapt the speed according to the situation taking into account Your driving experience, road conditions, state of the road and the E-Vehicle, weather conditions, density of the traffic and other traffic conditions so that You are able to stop the E-Vehicle without hitting any obstacle that is or can reasonably be expected to be on the road.
(f)not use any mobile phone, tablet, laptop, text messaging device, music player, or other device that may distract You from safely riding the E-Vehicle;
(g)not ride the E-Vehicle on unpaved roads, through standing or moving water (beyond normal urban riding), or in any location that is prohibited, illegal or poses nuisance to others;
(h)not use the E-Vehicle for racing, mountain riding, stunt or trick riding;
(i)not ride the E-Vehicle on expressways and restricted roads;
(j)not ride the E-Vehicle against the flow of traffic;
(k)not ride the E-Vehicle on roads that are meant exclusively for pedestrians;
(l)shall not ride beyond permitted riding perimeter specified by the App;
(m)not ride in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it dangerous to ride the E-Vehicle;
(n)not exceed the maximum weight limit 95kg (210 pounds) of the E-Vehicle;
(o)not carry additional person(s) or passenger(s) on the E-Vehicle;
(p)not carry any items (e.g. briefcases, backpacks, bags and/or other items) if these may prevent You from being safely able to operate the E-Vehicle;
(q)wear light coloured clothes to ensure that other road users are able to notice You easily
(r)not use an E-Vehicle for commercial purposes.
3 Parking
3.1 You shall:
(a)not park the E-Vehicle in a manner that may contravene any applicable Local Laws;
(b)not obstruct the road, impede traffic or excessively clutter the sidewalks;
(c)park the E-Vehicle visibly and in the standing position so that other users can also enjoy the use of the E-Vehicle;
(d)follow the parking instructions displayed in the App and, if applicable, park the E-Vehicle in the designated Permitted Parking Area ;
(e)report any E-Vehicle not parked in a Permitted Parking Area while using the Services, by notifying Us in accordance with Section 10.1 or using the relevant feature in the App.
(f)take a clear end-of-ride photograph of the whole E-Vehicle when prompted to do so in the App.
(g)secure the E-Vehicle to public infrastructure (e.g. bike racks, lamp posts) with the e-vehicle's chain lock (if fitted) at the end of a ride, ensuring not to obstruct any road, sidewalk or accessway.
ANNEX B: Local Rules
In addition to the requirements of the General Riding Rules and other requirements described in the Terms of Service, users of the Service must adhere to the local rules for the localities outlined below to the extent they use the Service in that locality.
Washington, D.C.
• E-Vehicle riders must always yield to pedestrians. If you must use the sidewalk or in crosswalks, pedestrians always have the right of way.
• Sidewalk riding is prohibited in the Central Business District and should be avoided wherever possible. Use bike lanes when available.
• E-Vehicles are limited to speeds of 10 miles per hour.
• E-Vehicles are equipped with chain locks which must be used to secure the vehicle to public infrastructure at the end of the ride. Lock your vehicle to a bike rack or in-street corral, where available in the public right-of-way, or to parking signposts, lampposts, or stop signs. Do not obstruct any road, sidewalk, or accessway.