This agreement (the “Agreement”) is made by and between LMTS Holding S.C.A., a Luxembourg company with registered office at Rue Glesener 21, L-1630 Luxembourg, Grand Duchy of Luxembourg (the “Company”) and you (the “User”).
1. Parties obligations: The Company shall make electronic scooters (the “Vehicle”) available the User, free of charge, for a limited period.
The User shall test the Vehicle and the mobility services in relation thereto, in particular the "This is not a scooter" mobile app (the “Test”) and provide comprehensive feedback on the Test to the Company. By participating to this Test, the User agrees to participate in a survey and expressly authorises the Company to use the information and data obtained by participating in the Test. There are no financial obligations between the Company and the User.
2. Duty of care: The User shall use the Vehicle with reasonable care, and in a diligent and prudent manner. In particular, the User shall: (1) secure the Vehicle appropriately in extreme weather conditions, (2) lock the Vehicle at all times when not in use to protect it from theft and vandalism and (3) report and document any damage done to the Vehicle (except for normal wear and tear damage). The User may not carry out any technical modifications to the Vehicle nor change the appearance of the Vehicle, including paintwork, stickers or adhesive film.
3. Safety: The Vehicle is not checked for use in public and complete technical safety cannot be guaranteed after dispatch. The User must check the Vehicle independently for safety and functionality before commissioning and use. Especially, brake devices, steering devices etc. must be checked independently by the User for full functionality. The User acknowledges that the Vehicle is for his/her use only and that no additional passenger can be carried on the Vehicle. If the User does not comply with the above-mentioned safety requirements, he/she shall be totally and completely liable for any and all consequences, claims, losses, damage, costs and expenses in relation thereto.
4. Information before use: The User must inform himself about the regional conditions of use of such electric vehicles and to comply with the applicable laws and regulations. Compliance with existing legal regulations and laws, including road traffic laws, is the exclusive responsibility of the User. The User agrees that he/she is solely responsible and liable for any violation of any laws and regulations while using the Vehicle and the services in relation thereto.
5. Release of liability: The User agrees to release the Company from all liability, damage, loss, cost or expense suffered by the User, arising from or in any way related to the User’s use of the Vehicle and related services.
6. Confidentiality: The User undertakes to keep confidential any information and data of whatever nature relating to the Test and business of the Company, including but not limited to, the Test and the related surveys, and not to disclose them to third parties. The User acknowledges that his/her confidentiality obligation shall extend for a period of one (1) year following the end of the Test.