1. Scope of services
All unu scooters (the "Vehicle") have vehicle connectivity (the "Service") via the vehicle's mobile network as standard. The Service plays an important role in the use of the Vehicle. Individual functions of your Vehicle that require access to Vehicle data are only made possible by it. The complete and technically secure use of the Vehicle is therefore only possible through the Service.
The service allows you to use various functions related to the vehicle via the unu app. This includes retrieving status information of the vehicle, such as the current geo-location, the charge status of the batteries, whether the vehicle is switched on or off, the status of the vehicle's safety elements, the distance traveled, or information about past trips. You can also start or turn off the vehicle, as well as unlock or lock it.
The service also includes the option to request the status of the vehicle at any time through our customer service, instead of through the unu app.
During the provision period of the Service, we will provide you with updates at least to the extent required by law; if this is useful for the general optimization of the Service, it will also be provided ahead of time. For this purpose, we continuously monitor the functionality of the service and continuously optimize the technical conditions and, if necessary, the scope of services. We provide you with an optimization, if necessary, via over-the-air update.
The service is already included in the purchase price for the vehicle.
4. Termination, suspension, reactivation, modification and transfer of service
You are not entitled to reactivation of your service even if you correct the deficiencies that led to the termination or suspension of your service. Reactivation of your service is at our sole discretion. If we decide to reactivate your service, we reserve the right to charge a reactivation fee.
You must notify us if you sell, transfer or end the lease of your vehicle. If you fail to notify us, you will remain responsible for all costs associated with such vehicle.
5. Your responsibilities
Your responsibility for the proper operation of your vehicle and the proper use of the service:
You expressly acknowledge and agree that use of or reliance on any information or content(s) made available through the Service is solely and entirely at your own risk and responsibility. It is your sole responsibility to ensure that you (and/or any other passenger) follow the Service's usage instructions, use good judgment, and obey traffic and all applicable laws and regulations when operating your vehicle, using the equipment and Service, and/or evaluating whether use of any of the Services is safe and permissible under the circumstances.
Your responsibility for the maintenance of your vehicle
In order for us to provide the Service, your vehicle must be in good working order, and your vehicle must have a functioning electrical system and sufficient battery power. The Service may not work if you attempt to modify or add equipment or software in or to your vehicle that is not expressly authorized by us or is incompatible with the Service. You are solely responsible for the proper maintenance of your vehicle and its systems.
No commercial use or resale of the service
The Service, including any messages, data, information, content or other items provided as part of the Service, are provided for your non-commercial use only and are not for resale. Certain information you obtain through the Service is owned by us (or other third parties) and may be subject to one or more copyrights, trademarks (for goods and services), patents or other proprietary rights. You may not (and may not permit or induce any other party to) sell, resell, or otherwise use the Service or any information provided through the Service for any commercial purpose, nor may you reproduce, copy, modify, reverse engineer, create derivative works from, or otherwise display or distribute any information provided through the Service.
6. Events beyond our control
Various conditions beyond our control may prevent us from providing the Service, delay the Service, or affect the quality of the Service. Some examples include climatic, geographical or topographical conditions (such as tall buildings, hills or tunnels), damage to your vehicle or failure to maintain your vehicle or its equipment in proper working order, laws, rules or regulations, failure, congestion or disruption of utility or wireless networks (including disruption of cellular service), war, acts of God, natural disasters, bad weather and strikes. In the event of any of the foregoing events, we may suspend or terminate the Service at our sole discretion without prior notice to you and without assuming any liability. We will not be responsible for any delay or failure in providing the Service due to events beyond our control, and you will further not be entitled to any credit or refund as a result of such delay or failure.
In the event of any legal, regulatory or other lawful change or shutdown or conversion of necessary telecommunications systems and services (e.g. if our wireless service provider discontinues or restricts such wireless services used by your vehicle equipment), you will be solely responsible for the replacement of the equipment and related costs required as a result of such change or discontinuance, except that if such change is required during your vehicle's base warranty period, you will continue to be responsible for the cost of such replacement, but we will be responsible for obtaining and providing the necessary replacement materials (if applicable).
7. Disclaimer of warranty
The only applicable warranty that applies to the equipment on your vehicle is the warranty provided as part of the purchase or lease of your vehicle. Such warranty does not extend, in whole or in part, to the Service.
8. Limitation of liability
Neither we nor our service partners assume any risk or responsibility for your use of the Service, the information or other content provided as part of the Service. You acknowledge and agree that neither we nor any of our Service Partners are responsible for interrupted connections or for any problems caused or contributed to by you, by third parties, by buildings, hills, tunnels, network congestion, climatic conditions, acts of God, natural disasters, or by any other condition or circumstance beyond our control (as further described in Section 6 of these Terms of Service above).
In addition, neither we nor our service partners will be liable (i) should we be unable to contact a service partner or other party (including emergency personnel) in a particular situation, (ii) for any act or omission of any other entity providing any part of our service or any equipment provided for such service, (iii) for any error or omission of any vendor, distributor or manufacturer participating in any offer made through us; or (iv) for any damages arising out of or resulting from the use, installation, repair or maintenance by you (or anyone authorized by you) of the Service or any product or service provided or manufactured by a third party.
We have unlimited liability under this agreement for damages arising from intentional or negligent injury to life, limb or health and for other damages arising from intentional or grossly negligent conduct by unu or its legal representatives or agents.
As far as we are not liable without limitation according to the provisions of the preceding paragraph, the liability of us for damages or reimbursement of expenses due to the violation of an essential contractual obligation by simple negligence is limited to the typically foreseeable damage. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and on the fulfilment of which you regularly rely and may rely (cardinal obligations).
Our liability on the basis of applicable product liability regulations remains unaffected. Any liability on our part beyond the aforementioned cases is excluded. These limitations of liability apply not only to you, but also to all other persons using your vehicle and the Service, and to all persons making claims on your behalf, as well as to all claims made by your family, your employees, customers or other persons arising out of or in connection with any Service provided by us or our service partners.
You understand that the available Software depends on Vehicle configuration and geographic location, which may affect your access to the Service and/or any of its features.
10. Other provisions