TERMS AND CONDITIONS FOR USERS

These Terms and Conditions for Users (these “Terms”) govern your access or use, from within the United States of America, of the Services (as defined below) in connection with the self-service bicycle share program made available by Mobike Inc. and/or its affiliates (collectively, “MOBIKE”).

THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION AGREEMENT (SECTION 9) THAT REQUIRES YOU TO RESOLVE DISPUTES WITH MOBIKE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Contractual Relationship

By accessing or using the Services, you confirm your agreement to be bound by these Terms, which establishes a contractual relationship between you and MOBIKE. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements MOBIKE may have with you. MOBIKE may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply for a particular event, activity or promotion. Supplemental terms are in addition to, and shall be deemed a part of, these Terms. Supplemental terms shall prevail over these Terms in the event of a conflict.

MOBIKE RESERVES THE RIGHT TO UNILATERALLY AMEND, MODIFY, OR CHANGE ANY TERMS AND CONDITIONS CONTAINED IN THESE TERMS FROM TIME TO TIME AND IN ITS SOLE DISCRETION. YOUR CONTINUED ACCESS OR USE OF THE SERVICES FOLLOWING THE POSTING OF SUCH AMENDMENT, MODIFICATIONS OR CHANGES CONSTITUTES YOUR CONSENT TO BE BOUND BY SUCH TERMS, AS AMENDED.

MOBIKE’s collection and use of personal information in connection with the Services is as provided in its Privacy Policy https://mobike.com/us/privacy. MOBIKE may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute, or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict.

The Services

Scope of Services. The Services comprise of: (1) MOBIKE’s bicycles (the “Bike(s)”); (2) a mobile application that enables users to discover, reserve, unlock, rent and return Bikes (the “Application”); (3) a website located at mobike.com (the “Website”); and (4) all related equipment, personnel, and information.

Operating Hours and Bike Availability. MOBIKE makes every effort to provide the Services 365 days per year, but does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent or interrupt MOBIKE from providing the Services. Access to the Services is also conditioned on the availability of Bikes. MOBIKE does not represent or warrant the availability of any Services and/or the availability of any Bikes.

Conduct of Use

Noncommercial Use. Unless MOBIKE has otherwise agreed in writing, the Services are solely for your personal, noncommercial use.

Sole User. MOBIKE and you are the only parties to these Terms. You understand the Bike(s) and/or the Services must only be used by you (except that a minor may use the Bike(s) as provided in the Age Restriction subsection below). You agree that you are the sole renter and are solely responsible for compliance with all terms and conditions contained herein.

Age Restriction. YOU REPRESENT AND CERTIFY THAT YOU ARE AT LEAST 18 YEARS OLD and therefore will be fully responsible and liable for all injuries, damages, costs and expenses arising from or related to the use of the Services.

Competent Bike Operator. You represent and certify that you are familiar with the operation of the Bike, and are reasonably competent and physically fit to ride the Bike. By choosing to ride the Bike, you assume all responsibilities and risks for any injuries or medical conditions associated with your operation of the Bike. You acknowledge that MOBIKE does not provide training regarding the use or operation of the Bike(s)

Helmet Warning. Failing to wear a helmet could result in serious bodily injury or death in the event of an accident or collision. You agree to wear a bicycle helmet while using the Bike in compliance with applicable federal, state and local laws or regulations. You further agree that MOBIKE shall not be liable or responsible for any damages or injuries caused by or relating to your failure to wear a properly fitted and/or fastened helmet.

Limited Types of Use. You agree that you will not use the Bike for racing, mountain bike riding, stunt or trick riding. You agree that you will not operate and/or use the Bike on unpaved roads, through water, or in any other uses/places prohibited by law or that you know or ought reasonably to know may expose you or others to risk of injury, death or other harm, or otherwise expose the Bike to risk of loss or damage.

Carrier and Basket. You acknowledge that the front basket and/or back basket of the Bike is intended for light items only. You agree not to carry people or animals anywhere on the Bike.

Bike Inspection. You agree that you will conduct a safety inspection of the Bike before each use, to ensure that the Bike is in proper working condition before using the Bike. The inspection should include examination and testing of the Bike’s operating parts, which include but are not limited to: the lights, steering apparatus, brakes, tires, chains, seats, and pedals. You agree to notify MOBIKE of any and all repairs that the Bike may need before using the Bike. If inspection of the Bike indicates any defect, damage or failure to operate as a normal Bike, you shall not use the Bike.

Bike Parking. At the end of your use of the Bike(s), you agree to lock and park the Bike(s) at a public location (a) where such parking is permitted by applicable federal, state and local laws and regulations; and (2) which location is reasonably safe, secure, and does not expose Bike(s) to risk of loss or damage.

Damage. You agree to return the Bike in the same condition in which it was rented by you. You will not be responsible for normal wear and tear. You agree to ensure that the Bike is never left unattended at any time before you return the Bike(s) in accordance with these Terms. You agree to immediately report to local police and MOBIKE (i) any crash, damage, loss, or personal injury while using the Bike and (ii) any lost or stolen Bike. You agree to pay for destruction or loss of Bike and for any damage, including replacement parts, incurred directly or indirectly associated with your use of the Bike and/or the Services, regardless of whether the damage is caused by you or someone else. All repairs needed as a result of any damage will be performed at the normal labor rates. In the event the Bike is lost, stolen, or damaged beyond repair, regardless of fault or cause, you agree to pay MOBIKE, and depending on the extent of the damage to the bicycle, Mobike may charge you a maximum sum of USD 353.50.

Compliance with Laws. You certify that you are familiar with, and agree to comply with all applicable laws and regulations while using or operating the Bike(s) and/or using the Services, including all federal, state and local laws, rules and regulations in connection with any matters contemplated by these Terms.

PROHIBITED ACTS. IN CONNECTION WITH YOUR OPERATING THE BIKE(S) AND/OR USING THE SERVICES, YOU MUST NOT:

USE ANY BIKE IF YOU HAVE ANY EXISTING PHYSICAL OR MENTAL CONDITION THAT WOULD PROHIBIT YOU FROM SAFELY OPERATING A BIKE;

RIDE A BIKE WHILE CARRYING ANY ITEM IF IT IMPEDES YOUR ABILITY TO SAFELY OPERATE A BIKE;

OPERATE A BIKE WHILE UNDER THE INFLUENCE OF ANY ALCOHOL, DRUGS, ANY MEDICATION OR OTHER SUBSTANCE THAT MAY IMPAIR YOUR ABILITY TO SAFELY OPERATE A BIKE;

USE ANY CELLULAR PHONE, TEXT MESSAGING DEVICE, PORTABLE MUSIC PLAYER, OR OTHER DEVICE THAT MAY DISTRACT YOU FROM SAFELY OPERATING A BIKE;

CARRY A SECOND PERSON ON A BIKE;

LEAVE A BIKE UNATTENDED AT ANY TIME;

USE ANY LOCKING MECHANISM OTHER THAN THE LOCKING MECHANISM PROVIDED OR PERMITTED BY MOBIKE;

DISMANTLE OR WRITE ON, OR OTHERWISE MODIFY OR DEFACE A BIKE OR ANY PART OF A BIKE IN ANY WAY;

EXCEED THE MAXIMUM WEIGHT LIMIT FOR THE FRONT BASKET 20 POUNDS;

OPERATE A BIKE IN DANGEROUS WEATHER CONDITIONS, INCLUDING SNOW, HAIL, AND ELECTRICAL STORMS, WHICH MAKE IT MORE DANGEROUS TO OPERATE A BIKE. YOU ARE ADVISED TO ADJUST YOUR RIDING BEHAVIOR AND BRAKING DISTANCE TO SUIT THE WEATHER CONDITIONS;

CONTINUE USING THE BIKE IF IT, OR ANY COMPONENT OF IT, SHOULD BECOME DEFECTIVE OR MALFUNCTIONING;

OPERATE A BIKE AND/OR USE ANY SERVICES IN ANY MANNER THAT MAY EXPOSE YOU OR OTHERS TO RISK OF INJURY, DEATH OR OTHER HARM, AND/OR EXPOSE THE BIKE TO RISK OF LOSS OR DAMAGE; OR

OPERATE A BIKE AND/OR USE ANY SERVICES IN VIOLATION ANY APPLICABLE FEDERAL, STATE, OR LOCAL LAW.

User Accounts

Account Information. In order to use the Services, you must register for and maintain an active personal account (“Account”). Account registration requires you to submit to MOBIKE certain personal information, such as your name, email, and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or MOBIKE’s termination in its sole discretion of these Terms with you. You are responsible for all activities that occur under your Account, and you agree to maintain the security and confidentiality of your Account username and password at all times. Unless otherwise permitted by MOBIKE in writing, you may only possess one Account.

User Requirements and Conduct.

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, to any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

You shall not: (i) submit, upload or publish any defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content, (ii) without the prior consent of MOBIKE, publish any commercial or noncommercial advertisements, or (iii) infringe any other party’s lawful rights, including without limitation intellectual property rights.

Text Messaging. By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. Should you have questions about receiving text (SMS) messages from MOBIKE, you may contact MOBIKE through support.usa@mobike.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Promotional Codes. MOBIKE may, in its sole discretion, create promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that MOBIKE establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by MOBIKE; (iii) may be disabled by MOBIKE at any time for any reason without liability to MOBIKE;(iv) may only be used pursuant to the specific terms that MOBIKE establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. MOBIKE reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that MOBIKE determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, the Application and any updates thereto. MOBIKE does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

You understand that use of the Services may result in charges to you for the Services you receive (“Charges”). MOBIKE will process your payment of applicable Charges at the end of each trip in connection with your use of the Services. Charges will be inclusive of applicable taxes where required by law.

Prior to using our Services, you need to top-up your MOBIKE Account for the payment of Charges associated with each of your requests of our Services. All Charges will be paid by the balance of your MOBIKE Account and the charges paid by you are final and non-refundable, unless otherwise determined by MOBIKE.

MOBIKE will grant you credit on the basis of your use of our Services. You will not be able to transfer your MOBIKE credit to other users, and there is no expiry date for your credit.

MOBIKE may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

Where your Account is registered and maintained in a country or location which uses a currency that is different from the currency of the country or location where you use the MOBIKE service then:

a) the cost of each journey will be the cost of the journey in the country where you use the MOBIKE, and
b) charges will be made in the currency of the country where your Account is registered and payment will be made from that Account. MOBIKE converts your payment automatically. MOBIKE uses an exchange rate based on data from one or more third parties, such as OANDA. It is updated regularly, but may not be identical to the real-time market rate. Where you are paying in a currency that is different from the default currency of the country where you are using the MOBIKE service, we also charge a 3% conversion fee on your total cost; the conversion fee accounts for MOBIKE’s holding costs and foreign currency risks. The exchange rate used will display on the checkout page before you confirm your use of the MOBIKE service.

Intellectual Property Matters

License. Subject to your compliance with these Terms, MOBIKE grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely about your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MOBIKE and MOBIKE’s licensors.

MOBIKE Brands. You acknowledge that the Services may be made available under MOBIKE’s various brands or request options associated with the Bike, including the bicycle-rental brand currently referred to as “MOBIKE”.

Third Party Services. The Services may be made available or accessed in connection with third party services and content (including advertising) that MOBIKE does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. MOBIKE does not endorse such third party services and content and in no event shall MOBIKE be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third party beneficiaries to these Terms if you access the Services using applications developed for Apple iOS, Android mobile devices, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in such applicable third party beneficiary’s terms of service.
Ownership. The Services and all rights therein are and shall remain MOBIKE’s property or the property of MOBIKE’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MOBIKE’s company names, logos, product and service names, trademarks or service marks or those of MOBIKE’s licensors.

Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MOBIKE; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Disclaimers; Waiver; Limitation of Liability; Indemnity; Assumption of Risk.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOBIKE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MOBIKE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES, THE APPLICATION, THE WEBSITE, OR ANY SERVICES OR INFORMATION REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. MOBIKE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR INFORMATION REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

IN CONSIDERATION FOR YOUR USING OF THE BIKE AND/OR THE SERVICES, YOU HEREBY FULLY AND FOREVER RELEASE AND DISCHARGE MOBIKE AND ALL OF ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PERSONS”) FOR ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED PERSON, EXCEPT FOR CLAIMS CAUSED BY THE RELEASED PERSON’S 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 BENEFICIARIES OF SUCH 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 BIKES, THE APPLICATION, THE WEBSITE, OR RELATED INFORMATION, OR (B) YOUR USE OF ANY OF THE FOREGOING.

LIMITATION OF LIABILITY.

MOBIKE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. MOBIKE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES EVEN IF MOBIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOBIKE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MOBIKE’S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. WHERE THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE NOT ALLOWED, MOBIKE’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN CONSIDERATION FOR USING THE BIKE AND/OR THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MOBIKE AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES (INCLUDING CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES), PROPERTY LOSS OR DAMAGE, PERSONAL INJURY OR LOSS OF LIFE, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, ACTIVE OR PASSIVE NEGLIGENCE OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE BIKES AND/OR SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY REPRESENTATIONS, WARRANTIES, COVENANTS CONTAINED IN THESE TERMS; (III) YOUR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS; AND (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING INJURERS IN ACCIDENTS.

ASSUMPTION OF RISK.

YOU ARE SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE BIKE AT ALL TIMES. YOU AGREE THAT BICYCLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE BIKE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. YOU AGREE THAT RIDING A BIKE INVOLVES MANY OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO YOU OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED. YOU AGREE THAT SUCH RISKS, DANGERS, AND HAZARDS ARE YOUR SOLE RESPONSIBILITY. 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 RIDE A BIKE, YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS, AND YOU AGREE THAT MOBIKE AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY INJURY, DAMAGE, OR COST CAUSED BY YOU WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE BIKE ITSELF.

Public Liability Insurance

Mobike has arranged for the provision of public liability insurance, which insures you against liability you incur in respect of injury to a third party or accidental damage to the physical property of a third party arising from your use of a Mobike bike (the “Insurance”).

The Insurance does not cover you for any injury or harm you suffer in the event of an accident and you may wish to take out your own insurance before using a Mobike bike.

If you are involved in an accident or damage or injury is caused to you, someone or something while using a Mobike bike, you must stop cycling when safe to do so and inform the local police. You must also notify Mobike through the Application or by email to support.usa@mobike.com of the accident and any resulting injury or damage. You must provide Mobike with any police incident number provided to you.

Arbitration Agreement

By agreeing to these Terms, you agree that you shall resolve any claim that you may have against MOBIKE on an individual basis in arbitration. This will preclude you from bringing any class, collective, or representative action against MOBIKE, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MOBIKE by someone else.

You and MOBIKE agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, will be settled by a binding arbitration between you and MOBIKE and not in a court of law.

You acknowledge and agree that you and MOBIKE are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless otherwise agreed in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and MOBIKE each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). Unless you and MOBIKE otherwise agree, the arbitration will be conducted in the Washington DC.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Other Provisions

Governing Law. These Terms are governed by and construed in accordance with the laws of the State of California, the United States, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms, as applicable.

Subject to the foregoing Arbitration Agreement and any applicable supplemental terms, you and MOBIKE agree that any judicial proceeding to resolve claims or disputes arising out of these Terms or the Services shall be brought in the federal or state courts of the Washington DC. Both you and MOBIKE consent to personal jurisdiction and venue in such courts.

Notice. MOBIKE may give notice by means of a general notice on the Services, or by text (SMS) messages. You may give notice to MOBIKE by writing email to usa@mobike.com.

Assignment. You may not assign or transfer these Terms in whole or in part without MOBIKE’s prior written approval. You give your approval to MOBIKE for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of MOBIKE’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you and MOBIKE as a result of the contract between you and MOBIKE or use of the Services.

No Waiver. MOBIKE’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of these Terms. No waiver by MOBIKE shall be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms.

Severability. If any provision contained herein is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

Entire Agreement. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.