User Agreement

LimeBike Bike Share Bicycle Rental Agreement, Waiver of Liability and Release

Effective Date: March 15, 2017.

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

In consideration of Your use of any of the Services (defined below) provided by Neutron Holdings, Inc. d/b/a LimeBike (“LimeBike”), operator of LimeBike Bike Share, LimeBike requires that You (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Bicycle Rental Agreement, Waiver of Liability, and Release (“Agreement”), as applicable.  The “Services” provided by LimeBike are composed of several elements, including (1) LimeBike Bike Share bicycle parking locations (“Locations”), (2) LimeBike Bike Share bicycles (“Bike” or “Bikes”), and (3) all other related equipment, personnel, and information provided or made available by LimeBike.

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 LimeBike 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 Bike must be locked at the conclusion of the ride.  If the Bike is not locked, the trip will continue and you will continue to be charged. The max charge for a single trip is $48 for 24 hours. For more details, please refer to the term 2.3 below.

  • Upon conclusion of your ride, the Bike must be parked at a lawful parking spot, i.e. the Bike cannot be parked on private property or in a locked area or in any other non-public space.

  • All traffic and bicycling laws must be obeyed, including any helmet laws in your area.

  • You must promptly report any damaged or malfunctioning Bikes to LimeBike via the App or via e-mail.

LimeBike expressly agrees to let, and the Rider expressly agrees to take on, rental of the Bike subject to the terms and conditions set out herein.  Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.

  1. GENERAL RENTAL AND USE OF BIKE.  

1.1   Rider is Sole User:   LimeBike 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 Bike from the Location, the Bike must be used only by You. You must not allow others to use a Bike 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.  Minors who are at least 13 years of age may use LimeBike Bike Share, but only if the Service is subscribed for by and under the responsibility of the minor’s parent or legal guardian. By authorizing use of the Service by a minor, the parent or legal guardian agrees s/he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Service and guarantees, represents, and warrants: (i) the parent’s or legal guardian’s; and (ii) the minor’s acceptance of and agreement and compliance with all terms and conditions of this Agreement as a Rider.

1.3   Rider is a Competent Bike Operator:  Rider represents and certifies that he/she is familiar with the operation of the Bike, and is reasonably competent and physically fit to ride the Bike.  By choosing to ride a Bike, Rider assumes all responsibilities and risks for any injuries or medical conditions.  You are responsible for determining whether conditions, including snow, hail, ice or electrical storms, make it dangerous to operate a Bike. You are advised to adjust Your riding behavior and braking distance to suit the weather and traffic conditions.

1.4   Bike is the Exclusive Property of LimeBike:  Rider agrees that the Bike and any LimeBike equipment attached thereto, at all times, remain the exclusive property of LimeBike.  You must not dismantle, write on, or otherwise modify, repair or deface a Bike, any part of a Bike, or other LimeBike equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Bike in any way. You must not use a Bike, or other LimeBike Cycle Share equipment for any advertising or similar commercial purpose.

 

1.5   Bike Operating Hours and Bike Availability:  Rider agrees and acknowledges that the Bikes are available 24 hours a day, 7 days/week, 365 days per year, except in the case of events outlined in section 4.6.  Bikes must be rented within the maximum rental time limits set forth below.  The number of Bikes are limited and Bike availability is never guaranteed.

1.6   Bike May be Used and/or Operated only in Metropolitan Areas:  Rider agrees to only use, operate and/or ride the Bike in metropolitan areas. 

1.7   Rider Must Follow Laws Regarding Use and/or Operation of Bike:  Rider agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, including all state and local laws and the rules and regulations pertaining to bicycles in the area where you are operating the Bike, including without limitation any helmet laws.

1.8 Prohibited Acts:  Rider agrees to the following:

  • You must not ride a Bike while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Bike.

  • While riding a Bike, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely operating the bicycle.

  • You must not operate a Bike while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Bike.

  • You must not carry a second person on a Bike.

  • You may only use locking mechanisms provided by LimeBike.  You may not add another lock to the Bike or to lock a Bike to anything.

  • The Bike must be parked at a lawful parking spot, i.e. the Bike cannot be parked on private property or in a locked area or in any other non-public space.

  • The Bike must be parked in a space that is visible

 

1.9   Bike is Intended for Only Limited Types of Use:  Rider agrees that he/she will not use the Bike for racing, mountain bike riding, stunt or trick riding.  Rider agrees that he/she will not operate and/or use the Bike on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others.  Rider agrees that he/she will not use the Bike for hire or reward, nor use it in violation of any law, ordinance or regulation.

1.10   Weight and Cargo Limits:  You must not exceed the maximum weight limit for the Bike (300 pounds) or the cargo carrier/basket on the Bike (15 pounds), and You must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.  Rider acknowledges that the front carrier/basket and back basket of the Bike is intended for light goods only, and that he/she will not carry people or animals anywhere on the bicycle.

1.11 No Tampering:  You must not tamper with, attempt to gain unauthorized access using, or otherwise use LimeBike Cycle Share system or other LimeBike Cycle Share equipment other than for purposes of using a Bike pursuant to this Agreement.

1.12   Reporting of Damage or Crashes:  Rider must report any accident, crash, damage, personal injury, stolen or lost Bike, to LimeBike as soon as possible. If a crash involves personal injury, property damage, or a stolen Bike, 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 Bike.

1.13   Rider Responsibility for Bike Use and Damage:  Rider agrees to return the Bike to LimeBike in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.

2 PAYMENT AND FEES.

2.1   Fees.  Rider may use the Bike on a pay per ride basis or as otherwise in accordance with the pricing described in the app.  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 LimeBike.  LimeBike will charge the Rider’s credit, debit card or other agreed payment methods the amount of the fees as described in this Agreement.

2.2 Promo Codes.  Promo codes (discounts) are one-time offers and can only be redeemed via LimeBike App. LimeBike 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 Bike rental within 24 hours of time that rental of the Bike began.  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 the bike.  The maximum day charge is $48 and is based on a calendar day.  After return of the Bike, the rider will be charged the accumulated rental charges, or the maximum day charge; whichever is less.  Bikes not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and Rider may be charged up to $600 and a police report may be filed. LimeBike may also charge a service fee of $25 for rentals in excess of 24 hours where the Bike is not lost or stolen.

2.4   Valid Credit Card or Debit Card. Rider must input a valid credit or debit card number and expiration date before Rider will be registered to use the Service.  Rider represents and warrants to LimeBike that Rider is authorized to use any cards Rider furnishes to LimeBike. Rider authorizes LimeBike 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 LimeBike.  If Rider disputes any charge on credit or debit card account, then Rider must contact LimeBike within 10 business days from the end of the month with the disputed charge, provide to LimeBike 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.  Rider agrees to immediately inform LimeBike of all changes relating to the card.

2.6  Pick Up Fees. If You are unable to return a Bike to a valid area (i.e. You deactivate the Bike on private property, a locked community, or another unreachable area), and request that the bicycle be picked up by LimeBike staff, LimeBike, at its sole discretion, may choose to charge You a pick-up fee up to $120.  If any Bike accessed under Your account is abandoned without notice, You will be responsible for all Trip Fees until the Bike is recovered and deactivated, plus a service charge (currently $120.00) to recover the Bike. Fees are subject to change.

3   RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK.

3.1   Releases.  “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 attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Bikes, equipment or related information, or (b) Rider’s use of any of the foregoing.  “Released Persons” means, collectively LimeBike and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for Rider being allowed to use any of the Services, Bikes, and other equipment or related information provided by LimeBike, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases.  Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of LimeBike and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.

3.2   Disclaimers. 

YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, LIMEBIKE BIKES, OR RELATED EQUIPMENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, LIMEBIKE BIKES, OR RELATED EQUIPMENT, LIMEBIKE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ALL OF THE SERVICES, LIMEBIKE BIKES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).

LIMEBIKE AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, LIMEBIKE BIKES, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, LIMEBIKE BIKES, OR RELATED EQUIPMENT.

3.3   Limited Liability. 

RIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, LIMEBIKE AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, BIKES, OR RELATED INFORMATION, (C) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(E) RIDER’S FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BIKE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.

RIDER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF LIMEBIKE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

THE TOTAL LIABILITY OF LIMEBIKE AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100.

SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO RIDER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.

3.4   Assumption of Risk by Rider.  Rider is solely and fully responsible for the safe operation of the Bike at all times. Rider agrees that Bikes are machines that may malfunction, even if the Bike is properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Bike involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility, including, but not limited to, choosing whether to wear a bicycle helmet as required by law or utilize other protective gear. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that LimeBike 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 Bike itself.

3.5 Indemnification.  You will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to Your use of Bikes and any breach of the terms of this Agreement; provided, however, that Released Persons must notify You as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons.

4   Additional Terms of Use.

4.1   Safety Check. Before each use of a Bike, Rider shall conduct a basic safety inspection of the bicycle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) proper attachment of the seat, pedals, and basket; (iv) good condition of the frame; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Bike if there are any noticeable issues, and to immediately notify customer service to alert LimeBike of any problems.

4.2   Lost or Stolen Bicycle. If a Bike is not returned within 48 consecutive hours, then the Bike is deemed lost or stolen and a police report may be filed with local authorities. The data generated by the Service’s computer is conclusive evidence of the period of use of a Bike by a Rider. Rider must report Bike disappearance or theft to LimeBike immediately or as soon as possible.

4.3   Helmets; Safety.   LimeBike recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider agrees that none of LimeBike and its Released Parties are liable for any injury suffered by Rider while using the Service, whether or not Rider is wearing a helmet at the time of injury. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

4.4   Bicycle Routes. Rider agrees that LimeBike does not provide or maintain places to ride Bikes, and that LimeBike does not guarantee that there will always be a safe place to ride a Bike. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.

4.5   Limitations on Bike Rental. Rider agrees that LimeBike is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. LimeBike provides Bikes only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bike on their own and who have agreed to all terms and conditions of this Agreement.

4.6   Limitations on Availability of Service. LimeBike makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent LimeBike from providing the Service. Access to the Service is also conditioned on the availability of Bikes. LimeBike does not represent or warrant the availability of any Service or the availability of any Bike at any time.  Rider agrees that LimeBike may require Rider to return a Bike at any time.

5   Term and Termination.

5.1   Term.  The term of this Agreement begins when Rider first uses the Service, and the term ends 10 years after Rider’s last use of the Service; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after the Rider’s last use of the Service.

5.2   Termination by LimeBike. At any time and from time to time, and without Rider’s consent, LimeBike may unilaterally terminate Rider’s right to use the Service, in LimeBike’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Service at any time; provided, however, that (i) no refund will be provided by LimeBike, (ii) the term of this Agreement continues in accordance with this Agreement, (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Service, regardless of how the Agreement is terminated.

6   Confidentiality of Information; Privacy Policies.  All personally identifiable information that is held by LimeBike and pertains to Riders, including all names, addresses, phone numbers, email addresses, credit and debit card numbers, pass numbers, and card numbers will be kept by LimeBike in accordance with its privacy policy linked to http://www.limebike.com/privacy/; provided, however, that (i) if there is any accident where a Rider is unable to communicate personal information to the appropriate authorities, then LimeBike may, in its sole discretion, provide the Rider’s name, address, phone number, and other important information to such authorities, (ii) if LimeBike receives a subpoena from any court or other authority, then LimeBike will provide all requested information in accordance with applicable law, and (iii) LimeBike may disclose aggregate and other data about Riders in accordance with applicable law, including, without limitation, general latitude and longitude data for Rider addresses (provided this would not allow any individual’s address to be separately identified). In addition, LimeBike may disclose individual data to a third party upon Rider’s express permission and consent (e.g. enrollment in a study).

7. License to Image and Likeness.  For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to LimeBike and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to LimeBike and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as LimeBike may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

8   Notice. LimeBike may be contacted by emailing contact@limebike.com

 

9   Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of California, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of California and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in San Mateo, California; and (iv) the parties must submit the dispute to mandatory mediation held in the State of California. The parties agree that any dispute will be first subject to mediation.  Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

10   Waiver and Severability. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

11   Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

12   Final Agreement; Modification by LimeBike. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider’s consent, LimeBike may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use any Service after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, LimeBike will post a notification on the Website.  The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

13   Contract Interpretation.  The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

RIDER ACCEPTANCE OF AGREEMENT

I certify that I am the Rider, I am 18 years old or over, and I have read and expressly agree to the terms and conditions set forth in this Agreement.

OR

I certify that I am the Parent and/or Legal Guardian of the Rider, who is at least 13 years old, and I am 18 years old or over.  I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Service by the minor Rider.

 

Privacy Policy

Last Changes to Privacy Policy:  March 15, 2017

We are strongly committed to letting you know how we will collect and use your personal information.  The policies below are applicable to data and information collected when you use the Neutron Holdings, Inc. network of websites, including www.LimeBike.com (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by Neutron Holdings, Inc.; all apps published by Neutron Holdings, Inc., including the “LimeBike” app; activate a LimeBike bicycle (“Bike”) or use any other services made available by Neutron Holdings, Inc. (“Service”) and all other interactive features and communications provided by Neutron Holdings, Inc. (“App”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us and our related companies (collectively “LimeBike” or “we”, “us”, or “our”).  We have established this privacy policy (“Privacy Policy”) to let you know the kinds of personal information we may gather during your use of this App, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information.  

Please be advised that the practices described in this Privacy Policy apply to information gathered online through our App, through our websites and otherwise by our customer service personnel.  It does not apply to information that you may submit to organizations to which we may link or who may link to us or information that we may receive about you from other organizations.

By using our App, you are accepting the practices described in our Privacy Policy.  If you do not agree to the terms of this Privacy Policy, please do not use the App.  We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. Your continued use of our App following the posting of changes to these terms will mean you accept those changes.  If we intend to apply the modifications or amendments to this Privacy Policy retroactively or to personal information already in our possession, we will provide you with notice of the modifications or amendments.

If you have any questions about this Privacy Policy or don’t see your concerns addressed here, you should contact us by email at contact@limebike.com.

 

What Information About Me Is Collected and Stored?

 

We collect two basic types of information from you in conjunction with your use of the App, personal information and non-personal information.  Personal information is information that you supply to us, as described more fully below, i.e., when you use our Services, obtain a subscription, complete a survey, register on the App, upload content, participate in a community, or provide your e-mail address.  Personal information is any information that can individually identify you and includes, among other things, your name, e-mail address, telephone number, postal address, credit card, billing and contact information.  Non-personal information includes information that does not personally identify you, but it may include tracking and usage information about your location, demographics, use of the App and the Internet.

Personal Information

As a general matter, you can browse the App without submitting your personal information to us.  However, there are a number of circumstances in which you may supply us or our agents with your personal information.  The following lists the most common ways in which we may collect your personal information.

  • Registration for an account on the App

  • Use of the account through the App, including rental of a Bike

  • Payment information submitted to LimeBike when renting a Bike

  • Registration for an event sponsored by LimeBike

  • Profile information that You provide for Your user profile

  • Social media information that you authorize

  • Certain location data, as described below

  • Uploading Content to the App

  • Submitting an application to work at LimeBike

  • Participation in surveys, contests, or sweepstakes

  • Sign up to receive alerts or other information via email, text or instant message from LimeBike

  • Request for customer service, support requests or other assistance

  • App related communications, e.g. account verification; technical notification

  • Participation in communities, commenting to blog entries and participation in other forums

  • Submission of content or other data and information on any part of the App that permits it

  • Any other place on the App where you knowingly volunteer personal information

Non-Personal Information

In addition, when you interact with the App, we may collect certain information that does not identify you individually and our servers may automatically keep an activity log of your use of our App (“Non-Personal Information”). Generally, we collect and store the following categories of Non-Personal Information:

  • Non-identifiable demographic data such as age, gender, and five digit zip code as part of collecting personal information

  • Device information about your computer, browser, mobile device, or other device that you use to access the App.  This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information.

  • Analytics and usage information about your use of the App, including GPS routes, and status of GPS chips.

  • Device information about the LimeBike Bike, including time stamps, battery status.  

  • Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring App addresses.

  • Other information regarding your use of the App.

Collection of Your Source IP Address/Location Information

We collect and store location information about you on the App and associated with your account that you volunteer on the App or enable through the App or your device.  We will collect location information regarding the location of the LimeBike Bikes, the routes taken by these Bikes, and the rental status of these Bikes.  We will not collect any location information that you do not volunteer or enable, but you must agree to provide certain location information in order to use the Service.  We also collect and store your device’s source IP address which may disclose the location of your device at the time you access the App.  

Collection of Personal Information From or Through Social Media Sites or Using Your Social Media Logon

When you interact with any Service Provider page or account on a social media platform, such as Facebook, Twitter, Google+, Tumblr, LinkedIn, YouTube, or Pinterest, we may collect the personal information that you make available to us on that page or account including your account ID or “handle.” However, we will comply with the privacy policies of the corresponding social media platform and we will only collect and store such personal information that we are permitted to collect by these social media platforms.  If you publish your social media profile on our Service, we may collect personal information that you make available as part of that profile.

Collection of Information From Other Sources

We also may collect information about you that we may receive from other sources or from our offline interactions with you to, among other things, enable us to verify, update information contained in our records and to better customize the App for you. We may also collect Personal Information from credit reporting agencies to, for example, determine your creditworthiness, credit score, and credit usage, in accordance with applicable laws.

Collection of Personal and Non-Personal Information Through Surveys and Promotions

From time to time We may provide You with the opportunity to participate in sweepstakes or other promotions on our Service, which might be sponsored or conducted by a third party.  If you participate, We will request certain personally information from You. Participation in these sweepstakes and promotions are completely voluntary and You therefore have a choice whether or not to disclose this personal information. The requested personal information typically includes contact information. If there is a third party sponsor involved please make sure to review that party's privacy policy.

Collection of Third Party Personal Information Through Tell-A-Friend Feature

We may from time to time conduct a referral service to introduce people you know to our Apps and Service. If you choose to use our referral service to tell someone about our Apps and Service or a discount on the Apps and Service, we will ask you for your contact’s name and email address. We will automatically send your contact a one-time email inviting him or her to visit our App. We store this information for the purpose of sending this one-time email and tracking the success of our referral program. Your contact may contact us at gao@limebike.com, mateo@limebike.com, or dwei@limebike.com to request that we remove this information from our database.

Use of Cookies and Other Tracking Technologies

Like many websites and mobile applications, we use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions.  We may also use cookies to monitor traffic, improve the App and make it easier and/or relevant for your use.  Like many Apps, we use cookies, web beacons and similar technologies to record your preferences, track the use of our Apps and your exposure to our advertisements. We may also use these technologies to monitor traffic, improve the Apps and make it easier and/or relevant for your use.  If you delete your cookies or if you set your browser or device to decline these technologies, some features of the App may not work or may not work as designed.  

We use both “session” cookies and “persistent” cookies.   We do not use flash cookies, web storage, web beacons or other technology that tracks your browsing history across multiple Apps.

We use cookies for the other purposes set out below:

  • We use cookies to remind us who you are and to find your account information in our database when you access a Service so you do not need to log in at every visit. This helps us to provide you with service tailored to your specific needs and interests. A cookie is created when you register for a Service

  • We use cookies to determine the browser the visitor uses so the Apps can be designed to work properly with the most common versions of different browsers

  • We use cookies in conjunction with sending you e-mail newsletters

  • Advertisers that place ads on the App may use cookies

  • We use cookies in conjunction with analysis of your use of our App and generate analytics regarding our App

  • We use cookies to estimate our audience size. Your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit

We also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on our Apps. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the Apps, compile reports on the Apps’ activity, and provide other services related to Apps activity and usage.  The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring App.  The Apps do not use Google Analytics to gather information that personally identifies you.  The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here.

We may partner with third party advertising companies to better provide advertisements about our goods and services that may be of interest to you.  These third party advertisers may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Apps.  They may collect information about your online activities over time and across different Apps and other online services.  They may use this information to provide you with interest-based advertising or other targeted content.  These online advertising partners do not have access to or use your name, address, e-mail address, telephone number or other personally identifiable information from us, without your consent.  They may, however, use persistent identifiers to anonymously track your Internet usage across other Apps in their networks beyond these Apps.  While we restrict their further use of such information, such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us.  

Third-party ad serving companies and other unaffiliated advertisers also display advertisements on our Apps. As part of their service, they may place a separate cookie on your computer or utilize other data collection and tracking technologies, to collect information such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and whether you responded to a particular advertisement. For a listing of the third party companies we may allow to place cookies to serve ads on the Apps, click here.  We do not control these third parties’ tracking technologies, how they may be used, or the information they may collect and we are not responsible for the privacy policies or the content of those third parties.  Please visit the sites of those businesses at the links above to review their privacy policies.  We may add or change the list of third party ad servers from time to time and we encourage you to check this section for changes.  You can learn more about online advertising at www.aboutads.info/consumers.  

Many of the third party advertisers that place tracking tools on our Apps are members of programs that offer you additional choices regarding the collection and use of your information.  You can learn more about the options available to limit these third parties’ collection and use of your information by visiting the Apps for the Network Advertising Initiative and the Digital Advertising Alliance, as well as the webpages for Facebook’s ad preferences tool and privacy policy.  

Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings.  For more information about how to change these settings for Apple, Android or Windows devices, see:

Apple:  http://support.apple.com/kb/HT4228 do

Android:  http://www.google.com/policies/technologies/ads/  

Windows:  http://choice.microsoft.com/en-US/opt-out

Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Apps or on other Apps, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs.  It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.

Your browser or device may include “Do Not Track” functionality.  Because a “Do Not Track” compliance protocol has not yet been finalized, LimeBike’s information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this privacy policy, whether or not a Do Not Track signal is received.

How Do We Use Your Information?

We use the information we learn from you to help us personalize and continually improve your experience on the App.  We may use your Personal and Non-Personal Information in the following ways:

General Uses

  • To provide the LimeBike Service to you as you request

  • To track the Bikes

  • To upload your content to our App as you request

  • To permit you to update, edit, and manage your content on our App

  • To communicate with you about your account or transactions with us (including service related announcements) and send you information about features and enhancements on our App

  • To communicate with you about changes to our policies

  • To communicate with you about your comment to a blog post

  • To personalize content and experiences on our App, including providing you reports, recommendations and feedback based on your preferences

  • To disclose anonymized Personal Information to disclose statistics and analytics and other details regarding the use of our App.

  • To optimize or improve our products, services and operations

  • To automatically update the App on your device

  • To detect, investigate, and prevent activities that may violate our policies or be illegal

  • To perform statistical, demographic, and marketing analyses of users of the App

 

Use of Your Location Information

Specifically, we use your location information to:

  • Track the use of the LimeBike Bikes

  • Personalize content on our App, including providing you reports, recommendations and feedback based on your preferences

  • Optimize or improve our products, services and operations

  • Detect, investigate, and prevent activities that may violate our policies or be illegal

  • Perform statistical, demographic, and marketing analyses of users of the App and their purchasing patterns

 

Combination of Your Personal Information

We use the information from one portion of the App on other portions of the App or elsewhere in our network of Apps, apps, and other interactive features, or in reports and analysis, all of which are owned and operated by LimeBike, and we may combine information gathered from multiple portions of the App into a single customer record or analysis or report.  We also use and/or combine information that we collect off-line or we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records.

Who Do We Provide Your Information To?

Except as disclosed in this Privacy Policy, we do not disclose information about your Personal Information collected online to any companies not part of LimeBike or its parent, subsidiaries or related entities.  In no event will we sell or rent your Personal Information as part of a customer list or similar transaction.

 

Business Partners, Sponsors and Third Parties

We may share your Personal Information with our sponsors and other business partners from time to time.  You may withdraw your consent to our sharing of your Personal Information with business partners and third parties at any time by following the opt-out process described below.

 

Third-Party Agents

We have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc.  These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information.  They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the App.

 

Emergency Situations

We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the App; (b) protect and defend our rights or property, the App or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the App or the public.  This includes exchanging information with other companies and organizations for fraud protection.

 

What Steps Are Taken To Keep Personal Information Secure?

We are concerned about ensuring the security of your Personal Information.  We exercise great care in providing secure transmission of your information from your device to our servers.  Personal Information collected by our App are stored in secure operating environments that are not available to the public.  Our security procedures mean that we may occasionally request proof of identity before we disclose your Personal Information to you.  Please understand, however, that while we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.  
 

How Can We Transfer Your Personal Information?

Your information collected through the App may be stored and processed in the United States or any other country in which LimeBike, its Clients, Affiliates or service providers maintain facilities.  LimeBike, its Clients, Affiliates, or service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.  If you are located in the United States or other regions with laws governing data collection and use that may differ from US law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  Wherever your personal information is transferred, stored, or processed by LimeBike, LimeBike will take reasonable steps to safeguard the privacy of your personal information.  By registering for and using the App you consent to the transfer of information to the US or to any other country in which LimeBike, its Clients, Affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.  

How Long Do We Keep Your Information?

Following termination or deactivation of your account, LimeBike, its Clients, Affiliates, or its service providers may retain information (including your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes.  If you have any questions about termination or deactivation of your account, please contact us directly at gao@limebike.com, mateo@limebike.com, or dwei@limebike.com.

 

What Happens When I Link To or From Another App?

This App may contain links to other Apps operated by third parties. Please be advised that the practices described in this Privacy Policy for LimeBike do not apply to information gathered through these other Apps. We are not responsible for the actions and privacy policies of third parties and other Apps.  

 

Governing Law

This App is published in the United States. We attempt to protect the Personal Information of all users of our App and we attempt to comply with local data protection and consumer rights laws to the extent they may apply to the Services, but our App is located and targeted to United States citizens and our policies are directed at compliance with those laws.  If you are uncertain whether this privacy policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personal Information to LimeBike.  

 

Assignment

We may change our ownership or corporate LimeBike while providing the App.  We may also sell certain assets associated with the App.  As a result, please be aware that in such event we may transfer some or all of your information to a LimeBike acquiring all or part of our assets or to another LimeBike with which we have merged.  Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time.  Nevertheless, we cannot promise that an acquiring LimeBike or the merged LimeBike will have the same privacy practices or treat your information the same as described in this Privacy Policy.

 

Changes to This Policy

As our App continues to develop, we may add new services and features to our App. In the event that these additions affect our Privacy Policy, this document will be updated appropriately.  We will post those changes prominently so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.  We do, however, recommend that you read this Privacy Policy each time you use our App in case you missed our notice of changes to the Privacy Policy.  We will not, however, materially change our policies and practices to make them less protective of Personal Information we have previously collected from you without your express consent.

 

What Are Your Choices and How Do You Opt-Out?

 

We believe you should have choices about the collection, use and sharing of your information.  Although you cannot opt-out of all data collection when you visit our Apps, you can limit the collection, use and sharing of your personally identifiable information.  

 

Collection of Personal Information.  All personally identifiable information is provided on a voluntary basis.  If you do not want LimeBike to collect such information, you should not submit it to the App.  However, doing so will restrict your ability to access some content and use some of the functionality of the App.  

 

Emails and Other Communications.  If you would like to alter the type of communications you receive from us, including opting out of promotional communications from us, you may do so at any time by updating the communication preferences specified in your account profile through the App.  Please note that this may affect your ability to access certain products and services, and we may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about your use of the Service. If you refer others to us using our email functionality, please note that they may choose not to receive any promotional emails from us in the future by following the opt-out instructions in the email invitation.

 

Tracking. You also have choices to limit some tracking mechanisms that collect information when you use the App. Many web browsers automatically accept cookies, but you can usually modify your browser's setting to decline cookies if you prefer. If you choose to decline cookies, certain features of our App, including the App themselves, may not function properly or remain accessible to you. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.  For more detail on your ability to opt out, see Use of Cookies and Other Tracking Technologies above.

 

Please note that while you may opt out of online behavioral advertising and other targeted advertising served by participating companies through App you may still see other types of advertising on the App, it just may not be as relevant or targeted to your interests.

 

Accessing and Correcting Your Information.  If you have an account with LimeBike, you may review and change your information by logging into your account and editing your profile.  Be advised that we may not be able to delete your Personal Information without also deleting your user account.  You will not be permitted to examine the Personal Information of any other person or entity and may be required to provide us with Personal Information to verify your identity prior to accessing any records containing information about you.  We may not accommodate a request to change or delete Personal Information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

 

If you have any questions about this Privacy Policy, you should contact us by email at gao@limebike.com, mateo@limebike.com, or dwei@limebike.com.

Your California Privacy Rights

California Civil Code Section 1798.83 permits customers of LimeBike who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to gao@limebike.com, mateo@limebike.com, or dwei@limebike.com.