Terms & Conditions
This Agreement (“Agreement”) sets forth the legally binding terms and conditions for Your use of the Services, Platforms and Vehicles provided by KYTE B.V., a private company with limited liability under the laws of Belgium with business registration number 0727.542.164, Kempische Steenweg 293 BOX 43, 3500 HASSELT BELGIUM (hereafter referred to as “KYTE and/or we/our/us)
KYTE offers various electronic platforms, including mobile applications (together referred to as: “Platform and/or Platforms”) to rent shared vehicles (“Vehicle and/or Vehicles”).
In accessing the Platforms, using the Services and Vehicles provided through the Platforms, or registering an account for such services, you (“You” as a user of the Services and Vehicles of KYTE) agree to fully accept these terms and conditions (“Terms”).
1.1 Parties: You and KYTE are the sole parties to this Agreement. You are the sole user of the Services and thereby You are solely responsible for compliance with all terms and conditions set out in this Agreement. You must not allow any others to operate the Vehicle.In connection with your user account, You are required to provide all relevant information to us in accordance with instructions given through the Platforms. You warrant that all information that you have provided to us is accurate, true and complete. You are responsible for ensuring that information provided to us remains accurate, true and complete. You will update any changes to such information as soon as possible. We may if required or in accordance with applicable laws check and verify the information you have provided to us. You will cooperate and extend to us any assistance that we may require for such checks and verifications
You are responsible for the security of your user account details, including your login identification and/or password(s). You will ensure that such details are protected and not disclosed to any other party. You will comply with security measures that we may from time to time direct relating to your use of the Platforms. You are responsible for all loss and damage arising from your disclosure of your account information, or any electronic threats, attacks or fraudulent activity resulting from your failure to safeguard the security of your account details.
You are required to notify us immediately if you suspect or are aware of any unauthorized access to or use of your user account.
1.2 You are at least 18 years old: By accepting the terms of this Agreement, You warrant and represent that you are at least 18 years of age, and have the requisite mental and legal capacity to use our services. If you are below the age of 18 or lack the requisite capacity, your parent or guardian may in accordance with applicable laws be responsible for your acts or omissions in relation to your access of the Platforms or use of our services and Vehicles.
1.3 You and the Vehicle is in good shape: You hereby represent and certify that You are physically fit and reasonably competent to operate the Vehicle. You assume all responsibilities and risks for any injuries or medical conditions when choosing to operate the Vehicle.
You are solely responsible for determining Your general ability, medical condition, weather conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, and/or other factors that can generate any risk to operate a Vehicle. You understand that you, depending on weather, traffic or any other circumstance, uncertainty or other factors, must adjust, adapt and calculate Your speed, riding behavior and braking distance.
You acknowledge that You shall conduct a basic safety check of the Vehicle, including an inspection of the Vehicles wheels, brakes, lights, frame, battery level, check for visual damage and any unusual or excessive wear of any kind. You agree not to operate the Vehicle if there are any noticeable issues, and to immediately notify KYTE in accordance with article 7 below.
1.4 The Services is the exclusive property of KYTE: You agree that the Platform, Services, Vehicles, the KYTE App, the Website, information including all associated intellectual property rights, provided and made available by KYTE, at all times, remain the exclusive property of KYTE and You may not in any way use KYTE’s exclusive property for commercial or any other purposes without KYTE’s written consent.
All our intellectual property rights (such as copyrights, trademarks etc.) related to the services, the Platform and the Vehicles shall stay at KYTE and will not be transferred to You in any way.
We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and/or use our Platforms solely for your own personal, non-commercial purposes, subject to your compliance with the Terms.
You must not tamper with, attempt to gain unauthorized access to, modify, hack, download, repair, any KYTE material or hardware, source-codes, information, including the KYTE App, Website and Vehicle, for any purposes. The KYTE App, Website and the Vehicle may only be used for the purposes pursuant to this Agreement.
2. PLATFORM AND VEHICLE USAGE
2.1 Availability of the Services: You accept and acknowledge that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented and deactivated within the maximum rental time of 24 hours. The number of Vehicles are limited and Vehicle availability is never guaranteed. Availability may differ between different Usage Areas. You accept that KYTE temporarily may cease operations in some Usage Areas, and thereby limit or nullify the availability of the Vehicles, due to seasonal conditions in that Usage Area, as well as reasons such as, but not limited to, maintenance and demand.
Access to the Services may also be limited or restricted due to seasonal conditions, maintenance, availability of Vehicles, force majeure, actions taken by KYTE, and other circumstances preventing KYTE from providing the service.
You accept that KYTE may require You to deactivate a Vehicle at any time.
2.2 Vehicle may be only be operated in certain areas: In order to use the Services and operate a Vehicle You must register and activate a Vehicle through Your KYTE App. After activating the Vehicle the rental time commences. In order to stop the rental time of the Vehicle, you must deactivate the Vehicle through the KYTE App. You cannot activate any Vehicle that is, by any reason, placed or taken outside the Usage Area.
You agree to only operate and deactivate the Vehicle within the Usage Area in which it has been activated. You acknowledge that each Usage Area is subject to change and may vary over time and season. You agree to not use, bring or deactivate the Vehicle in any area, including places within the Usage Area, prohibiting its usage. You are not allowed to operate, carry or transfer the Vehicle between different Usage Areas.
You agree that KYTE does not provide or maintain places to operate Vehicles, and that KYTE does not guarantee that there will be a safe place to operate a Vehicle. You understand that roads, sidewalks, and bike lanes may not suitable to operate the Vehicle and may become increasingly dangerous due to weather, traffic, and/or other hazards.
2.3 You agree to comply with local laws and regulations regarding operation of the Vehicle: You agree to operate and deactivate the Vehicle in compliance with any locally applicable laws, regulations and rules pertaining the operation of Vehicles in the Usage Area where you are operating the Vehicle. You understand that you are solely responsible and liable for any violation of any laws, regulations and rules while using the Services and operating the Vehicle.
You will ensure that You conduct yourself in compliance with all applicable laws and regulations, including but not limited to laws and regulations on data protection, helmet usage, intellectual property protection, taxation, traffic rules, roads and Vehicle usage;
You will ensure that You are familiar with the way of operating our Vehicles and are physically fit to do so.
- Restrictions, limitations and safety measures while operating a Vehicle
- You assume all responsibilities and risks for any injuries and/or medical conditions that might result from riding a Vehicle. From the time You rent a Vehicle through the use of the Platforms until the rental is ended through the Platforms, You undertake to safely use the Vehicle with prudence and diligence in order not to obstacle or represent a danger for the road traffic and in order to ensure the protection of the road safety. You further undertake to abide by the local governmental rules of the road, as well as any public regulations governing traffic, and these Terms
- You are responsible for taking into account the weather conditions to determine whether it might be dangerous to operate a Vehicle.
- You will pay any fines, fees, penalties, impounding cost and/or other charges that result from parking a Vehicle improperly, or by You violating any law, rule or regulation while using our Platforms and/or Vehicles.
- You agree to not operate the Vehicle while carrying any items that might impede Your ability to safely operate the Vehicle, including but not limited to, backpacks, bags, briefcases or packages.
- You are not permitted to carry a second person, child or animal on the Vehicle.
- While riding a Vehicle, You must not use any mobile device, including but not limited to, telephones, text messaging devices, media players, or other device(s) that may distract You or impede You from safely operating the Vehicle.
- You agree not to operate a Vehicle while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate a Vehicle.
- You may not in any way lock or hide the Vehicle unless the Vehicle is activated. When the Vehicle is returned and deactivated, the Vehicle must be fit for immediate operation by other users.
- The Vehicle must be deactivated and parked in lawful areas, i.e. the Vehicle cannot be parked on private property, in a locked area/non-public space or in conflict with local traffic and/or other regulations. When Deactivated and parked, the Vehicle must be in a visible space.
- KYTE recommends that You wear a CE-standard, equivalent or a higher standard helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions and any and all other suitable protective equipment when operating the Vehicle.
- You may never exceed the maximum weight of 100 kg (kilograms) while operating the Vehicle. The maximum weight includes all luggage or other items carried by You in compliance with this Agreement.
- You agree that You will not use the Vehicle for competitions, races or equivalent events, including both professional and non-professional stunt or trick riding.
- You agree that You will not operate the Vehicle on unpaved roads, in mountainous terrain, through water and/or ponds, or in any location that is prohibited, illegal and/or a nuisance to any third party.
- You must report any accident, crash, damage, personal injury, lost Vehicle, to KYTE as soon as possible.
- If a crash involves third party personal injury, property damage, or any other third-party damages, You shall report the incident to the local police department as soon as possible. Without prejudice to point 2.5, this also applies if the Vehicle is stolen while activated by You.
2.5 Lost or stolen Vehicle: A Vehicle activated by You may be considered lost or stolen if (1.) the Vehicle is not deactivated in accordance with this Agreement within 24 consecutive hours, (2.) the Vehicle’s GPS unit is disabled, (3.) the Vehicle is parked in violation with this Agreement, i.e. in a locked area, outside the Usage Area or in a non-public space for more than ten minutes after deactivation, (4.) the Vehicle moves after deactivation has ended and KYTE has reason to believe such movement was not caused by another user or authorized third party, or (5.) other facts and circumstances that in good faith and with reason suggest that a Vehicle has been lost or stolen.
KYTE and You agree that the last operator of a Vehicle shall be responsible for a lost or stolen Vehicle unless circumstances presented to KYTE provide sufficient evidence to free the last operator from responsibility.
If KYTE deems a Vehicle lost or stolen, KYTE shall have the authority to take any and all actions it deems appropriate towards You, the last operator of a Vehicle, the Vehicle or other applicable subject. Actions may include, but are not limited to, obtaining restitution and other appropriate compensation (damages), and filing a police report with local authorities.
2.6 Responsibility for damages
You agree to return the Vehicle to KYTE in the same condition in which it was rented. You will not be responsible for normal wear and tear. You agree that You are responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
Your vehicle is material that may malfunction even if properly maintained or inspected before use, and that riding, using or operating a vehicle carries inherent risk of causing injury to yourself, others or damage to property that cannot be avoided entirely even if proper precautions are taken. In riding, using or operating the vehicle, You agree to assume all risk, responsibility and liability in respect of any such injury, damage, loss or cost caused whether to yourself, others or any property.
KYTE has no control over and shall have no responsibility regarding your use of any vehicle, nor any obligation to indemnify You for any third-party claim arising from or in connection with your use of any vehicle.
3. PAYMENT AND FEES
3.1 Fees: Your rent of the Vehicle is on a pay per ride basis or as otherwise in accordance with the pricing as described in the KYTE App. In each case, fees and other charges may be subject to applicable taxes and government charges, which may be charged and collected by KYTE. KYTE will charge the Your credit, debit card or other agreed payment methods the amount of the fees as described in this Agreement or in the KYTE App. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Euro (€).
3.2 Discounts and promotion codes: Promotion codes (discounts) are one-time offers and can only be redeemed via KYTE App. KYTE reserves the right to modify or cancel discounts at any time without notice. Discounts may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold or refunded.
3.3 Charges and rental times: The maximum time per rental time with the Vehicle is 24 hours. You agree that You will deactivate the Vehicle and thereby end the rental within 24 hours from activation. After deactivating the Vehicle, You may initiate a new rental by activating the Vehicle again. You acknowledge that You are solely responsible for deactivating the Vehicle within the 24-hour time frame. The maximum charge for a full 24-hour rental is €100. After deactivating the Vehicle, You will be charged the accumulated rental charges, or the maximum 24 hour rental charge; whichever is less. Vehicles not deactivated within 48 hours will be considered lost or stolen, and You may be charged up to €500. KYTE may also file a police report. KYTE may also charge a service fee of €250 for rentals in excess of 24 hours where the Vehicle is not lost or stolen.
3.4 Payment methods: You must provide KYTE with information and details to a valid credit or debit card in order to register to use the Services. You represent and guarantee to KYTE that You are authorized to use any credit or debit card information You provide. You authorize KYTE to charge the provided card for all fees that You incur. All fees are subject to applicable taxes and other local government charges, which may be charged and collected by KYTE.
In order to dispute any and all charges by KYTE to the credit or debit card provided by You, You must contact KYTE within 2 months from the date of the disputed charge, provide to KYTE any information KYTE finds necessary, such as the date of the trip and the approximate starting and ending times.
You agree to without any delay inform KYTE of all changes related to the card which you provided KYTE.
3.5 Recovery fees: If You are unable to deactivate a Vehicle in a valid spot (i.e. You deactivate the Vehicle on private property, a locked community, an unreachable area, outside the Usage Area or otherwise in violation with this Agreement), and request that the Vehicle be recovered by KYTE staff, KYTE, at its sole discretion, may choose to charge You a recovery fee up to €250. If any Vehicle activated under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently €250) to recover the Vehicle. All fees are subject to change.
4. DISCLAIMERS, LIMITATION OF LIABILITY AND ASSUMPTION OF RISK
4.1 Disclaimers: You do hereby acknowledge and agree that Your use of the Service and operation of the Vehicles is at Your sole risk. KYTE provide the Services with no warranties whatsoever in regard to the Services.
You do hereby recognize and acknowledge that the Services may present You with inaccuracies in regard to the Services, such as, for example but not limited to, that the Vehicles may be in any condition and may not run error free.
4.2 Limited liability: We make no warranty or representation as to the accuracy, reliability, availability or quality of our services, or that the Platforms are error-free, uninterrupted or available at any times. There may be circumstances where our services may be interrupted, delayed or unavailable, including but not limited to planned maintenance, upgrades, urgent repairs and failures of communication links and/or equipment. We are not responsible or liable to You for any loss or damage howsoever arising in the event that our services are defective, interrupted, delayed or otherwise unavailable.
We make no warranty or representation that all the Vehicles provided to You through the Platforms are operable or safe for operation or that they will satisfy any of your expectations on quality or technical specifications. The Vehicles provided to or selected by You are shared with other users. You are responsible for checking the Vehicle provided to or selected by You and ensuring that You are able to operate the Vehicle and that it is safe for operation. We are not responsible or liable for any loss or damage arising from any defects in the Vehicles provided to or selected by You, or your operation and use of such Vehicles.
You acknowledge that Vehicle is an electric vehicle that requires being handled safely and prudently in regard to being an electronic product. You acknowledge that the Vehicle is in need of periodic charging in order to operate. You understand and agree with each of the following:
- The battery level remaining in the Vehicle will decrease with operation of the Vehicle, and that operational capabilities and speed may decrease or cease in their entirety as the level battery level decreases.
- KYTE does not guarantee any battery level in the Vehicle at the time you activate it. You also understand that the battery level will vary with each rental.
- The decrease rate of the battery level may vary and differ from time to time due to different factors such as Vehicle and battery condition, weather conditions, road conditions and/or other varying factors.
- It is Your responsibility to check the battery level in the Vehicle to ensure that it is adequate before initiating operation of the Vehicle.
- Any distance, speed and/or time that You may operate the Vehicle before power level is null is not in any way guaranteed by KYTE. KYTE does not guarantee that the Vehicle will not run out of power during Your rental.
To the extent that we are liable to You, our cumulative aggregate liability to You in relation to the Terms shall not for any reason exceed the lesser of the following:
- the aggregate amount You have paid to us in connection with the services offered through the Platforms in the one (1) year period preceding the occurrence of the liability; or
- Euro 1,000 (one thousand). This limitation applies to all causes of action in the aggregate regardless of the number of actions or claims and including, without limitation, breach of contract, breach of warranty, negligence, misrepresentations, strict liability, and other torts.
4.3 Your assumption of risk You are solely and fully responsible for the safe operation of the Vehicle at all times. You agree that Vehicles are electric machines that may malfunction, even if the Vehicle is properly maintained, and that such malfunction may cause injury. You agree that riding a Vehicle and the Services involve 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. You agree that such risks, dangers, and hazards are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet as required by local law or utilize other protective gear.
You agree that if Your use of any of the Services causes any injury or damage to another person or property, then You may be liable for all resulting injuries, damages, and related costs. By choosing to operate a Vehicle, You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that KYTE are not responsible for any injury, damage, or cost caused by You with respect to any person or property, including the Vehicle itself.
You agree to indemnify, defend and hold harmless us from and against all statutorily penalties, claims, actions, liabilities, losses, expenses, damages and costs (including legal costs on a full indemnity basis) arising out of or related to:
- your access, use, or misuse of, the Platforms, any vehicle which You use through the Platforms, any Vehicles provided to or selected by You and the services offered through these Platforms;
- any breach of this Agreement;
- the content and information directly or indirectly provided by You through the Platforms, including any claims that the content and information infringe or misappropriate any intellectual property or proprietary rights;
- any death or bodily injury or damage, loss or destruction of any real or tangible property arising from any Vehicle which you use through the Platforms, your use or misuse of any Vehicle provided to or selected by You, and your use or misuse of the services offered through the Platforms; and
- any fines or other penalties imposed by a regulator or court of competent jurisdiction from your use or misuse of any Vehicle provided to or selected by you, and your use or misuse of the services offered through the Platforms.
5. TERM AND TERMINATION
The term of this agreement enters into force between You and KYTE from the first time You use the Services provided by KYTE and is in force for as long as You use the Services provided by KYTE, and the term ends 10 years after Your last use of the Service.
5.2 Termination of contract by KYTE
KYTE may at any time and for any duration unilaterally terminate Your right to use the Services, without Your consent and without any notice or cause.
You may terminate Your use of the Services at any time; provided, however, that (1.) no refund will be provided by KYTE, (2.) the term of this Agreement continues in accordance with this Agreement, (3.) You 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 Your right to use any of the Service, regardless of how the Agreement is terminated.
Note that if you use the Application in a professional context upon initiative of your employer or customer, or in the context of a rental, leasing or purchasing-with-support-and/or-maintenance agreement with a third-party provider, your possibilities to terminate this Agreement may be limited by any contractual commitments there may exist between you and your employer, customer or third-party service provider. However, that is completely between you and your employer, customer or third-party service provider.
6. GOVERNING LAW AND JURISDICTION
Any and all disputes regarding this Agreement shall be made in written form to the contact information given in Article 7 below.
You agree that any disputes arising out of or relating to the Agreement, the breach thereof, or the subject matter thereof, unless otherwise required by a mandatory law in any other jurisdiction, shall be governed by the laws of Belgium and be settled exclusively by Belgian courts, with the courts of Antwerp, Hasselt Division as the court of first instance.
KYTE can be contacted by emailing firstname.lastname@example.org by regular mail to KYTE’s physical postaddress KYTE BV, Kempische Steenweg 293 BOX 43, B-3500 HASSELT, BELGIUM.
9. FINAL AGREEMENT AND MODIFICATIONS
You acknowledge that 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 Your consent, KYTE may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any prior notice or cause.
By continuing to use any Service after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. The pricing set forth on in the KYTE App supersedes all pricing set forth in this Agreement.
You acknowledge that 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. You acknowledge that You voluntarily have read this Agreement, understand the terms and consequences of this Agreement, and You are fully aware of the legal and binding effect of this Agreement.