1. Eeyo® Account and Access to the Eeyo® Service

Before using the Eeyo® Service for the first time, you must apply and sign up for a Eeyo® account through the Eeyo® mobile application or our web site, indicate your acceptance of all the terms and conditions governing the use of the Eeyo® Service, and provide the required information.

Gogoro reserves the right to deny your application for a Eeyo® account to access/use the Eeyo® Service, for example, if we discover that you are underage or otherwise not eligible or qualified to use our service. For example, if you are under the age of 13 and reside in the United States, we will deny your application for a Eeyo® account to access/use the Eeyo® Service.

Subject to the Terms of Use, Gogoro grants to you a non-exclusive and limited right to use the Eeyo® Service on the condition that you comply with the Terms of Use and all other terms and conditions as specified in the Eeyo® mobile application and/or our web site governing the use of the Eeyo® Service at all times.

To use the Eeyo® Service, you must have reached the minimum age required by the rules/regulations (if any) in your country of residence to ride an electric bicycle, for example, 14 years of age if you reside in Great Britain or Spain, 15 years of age if you reside in France, 16 years of age if you reside in Northern Ireland, the Netherlands or Germany, and 18 years of age if you reside in Italy. If you have not reached such minimum age yet, you may not use the Eeyo® Service. Furthermore, if you have not reached the age of majority in your country of residence, you may not use the Eeyo® Service without the express consent of your parent or legal guardian. By accessing or using the Eeyo® Service, you confirm that you have reached the minimum age to ride an electric bicycle (if any) and that, if you have not reached the age of majority in your country of residence, the consent from your parent or legal guardian has been granted.

2. Account and Password Management

You shall follow the registration process specified by Gogoro in the Eeyo® mobile application and/or our web site when setting up your account and registering a password for the purposes of accessing/using the Eeyo® Service. You may access and use the Eeyo® Service by logging into your account by using your username and password. Registration to become a user in another’s name is strictly prohibited. You confirm that you are the owner of the account registered under your name.

You acknowledge and agree that your password shall be kept in strict confidence and only be used by you to register and log into your account. You shall exercise all due care and precaution to prevent any unauthorized use of your account, and shall not disclose, transfer, or provide your password to any third party. All activities that occur under your account shall be considered as your activities, and you will be responsible for any damage or loss resulting from your action or omission, whether intentionally or unintentionally.

3. Prohibited Activities

In connection with the use of the Eeyo® Service or in the course of your interactions with Gogoro, other users or any third party, you agree not to engage in any of the following activities (“Prohibited Activities”):

1. accessing or using the Eeyo® Service by hand-carrying your mobile device while your Gogoro Eeyo is moving;
2. violating the Terms of Use and/or any other terms and conditions governing the use of the Eeyo® Service as set out in Section 1 above;
3. violating any applicable laws or regulations, ordinances, or guidance issued by competent authorities, including without limitation road traffic and safety rules applicable to the Eeyo® Service;
4. endangering public order or good morals;
5. infringing upon Gogoro’s or any third party’s rights;
6. registering for an account in another’s name; registering with the Eeyo® Service by using false, inaccurate or misleading information; providing access to your account to any third party or using other user’s account to access the Eeyo® Service;
7. causing damage to Gogoro’s or a third party’s reputation or hindering the business activities of Gogoro or a third party;
8. interfering with the computer information systems of the Eeyo® Service;
9. copying, altering or publicly transmitting the software, programs, databases or API used by Gogoro to provide the Eeyo® Service (unless such transmission is required for the use of the Eeyo® Service);
10. using reverse engineering, disassembly or other methods to analyze the software, programs, databases or API used by Gogoro to provide the Eeyo® Service; or
11. acting in a manner that is defamatory, libelous, threatening or harassing.

If Gogoro determines at its sole discretion that your use of the Eeyo® Service violates the Terms of Use or constitutes any of the Prohibited Activities mentioned above, Gogoro may suspend the provision of the Eeyo® Service to you in whole or in part and take any action as it deems necessary, and Gogoro shall not be liable to compensate you for any damage or loss resulting from such action. If any violation by you causes Gogoro to sustain any damage or loss, you shall indemnify Gogoro for such damage or loss.

4. Handling of Compromised Accounts and Passwords

As soon as you find or suspect that your account or password has been compromised or used by an unauthorized third party, you shall immediately notify Gogoro by using the contact information specified on the Eeyo® mobile application and/or on our web site. If necessary, Gogoro will suspend your account so that it can take proper and timely measures in order to secure the account and/or the computer information systems of the Eeyo® Service. Gogoro shall not be liable to you for any loss or damage arising out of or in connection with any measures taken, including suspension of your account.

If there is any damage or loss in connection with a compromised account incurred before the suspension of such account, such damage or loss shall be solely borne by the user under any of the following circumstances:

1. he user fails to properly safeguard his/her password to such account, which includes the use of a non-unique password;
2. the user discloses or provides his/her password to a third party;
3. the user fails to comply with the account security mechanism provided by Gogoro for the use of the Eeyo® Service; or
4. any other circumstance resulting from the user’s intentional conduct or negligence.

5. Information Security

Gogoro will take proper measures to ensure the security of the data on the computer information systems of the Eeyo® Service. Nonetheless, users shall also exercise all due care and precaution to ensure the security of his/her mobile device(s) and prevent any third party from illegal hacking, theft, alteration or damage to his/her personal data.

6. Limitation of Liability

Gogoro does not exclude or limit in any way its liability to you where it would be unlawful to do so. This may include liability for death or personal injury caused by Gogoro’s negligence or the negligence of Gogoro’s employees, agents or subcontractors, for fraud or fraudulent misrepresentation, and for breach of your legal rights in relation to the Eeyo® Service.

Access to the Eeyo® Service is provided for personal, non-commercial use only. You agree not to use the Eeyo® Service for any commercial or business purposes, and Gogoro has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Gogoro will also not be liable for any loss of data where this results from your failure to comply with these Terms of Use, including any failure to keep your account information secure, confidential and up-to-date.

In the unlikely event that the Eeyo® Service contains defective digital content that damages a device or digital content belonging to you and this is caused by Gogoro’s failure to use reasonable care and skill, you may be entitled to repair or compensation under consumer protection law in your country of residence. However, Gogoro will not be liable for damage that was caused by you failing to correctly follow Gogoro’s instructions or to have in place any minimum system requirements specified by Gogoro for such content.

7. Non-EEA and Non-UK Users

For non-EEA and/or non-UK users, to the maximum extent permitted by applicable local laws, Gogoro and its employees, agents and subcontractors expressly disclaim and exclude any and all indirect, incidental, special, exemplary, consequential or punitive damages (including without limitation loss of business, revenue or profits, use of data, or any other economic benefits) which may be suffered by you or any person claiming under or through you in connection with or however arising from your access or use of the Eeyo® Service, whether or not (i) such damages arise in contract, tort (including negligence) or otherwise; (ii) such damages are foreseeable; and/or (iii) Gogoro has received prior notification of the possibility thereof. If Gogoro is found by a court or other tribunal of competent jurisdiction to be liable for any liability, damage or loss in connection with or with regard to your use of or access to the Eeyo® Service or the Content, in no event will Gogoro’s liability exceed US$10.00. Any multiple claim or suit under or related to your use of or access to the Eeyo® Service or the Content will not enlarge or extend the aforesaid the limitation of momentary damages. Nonetheless, the aforesaid disclaimers and exclusions shall not apply in respect of any liability which is incurred due to intentional acts or gross negligence of Gogoro or may not be excluded by applicable local laws.

8. Suspension or Interruption of Service

Gogoro may suspend the Eeyo® Service in whole or in part, and you shall not claim any indemnity or compensation for such suspension or interruption where:

1. The suspension is for maintaining, updating, repairing, relocating or replacing the hardware or software facilities of the Eeyo® Service.
2. Gogoro has determined at its sole discretion that you have used the Eeyo® Service in violation of the law, the Terms of Use, or any other terms and conditions governing the use of the Eeyo® Service as set out in Section 1 above.
3. The Eeyo® Service is suspended, or cannot operate normally because of any cause beyond the reasonable control of Gogoro, including without limitation storms, floods, earthquakes, typhoons, other acts of nature, fires, explosions, riots, war or civil disturbance, strikes, lockout or other labor unrest, epidemics, terrorist acts, embargoes, and other governmental actions or regulations which would prohibit Gogoro from performing any aspect of its obligations hereunder.
4. The Eeyo® Service is suspended, or cannot operate normally because of acts of third parties beyond the reasonable control of Gogoro.

To the extent possible, Gogoro will limit the duration of any suspension period to that necessary to address the reason for the suspension.

9. Content

The “Content” as referred to herein includes, but not limited to, on or through the Eeyo® Service, text, user interfaces, information, data, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, visual interfaces, trademarks, logos, sounds, music, artwork, computer code, design, structure, expression, “look and feel” and arrangement, collections and layouts of such Content. The Content is owned or licensed by or to Gogoro, and is protected by the law relating to intellectual property rights and unfair competition. All such rights are reserved and the benefit of any goodwill which arises through your use inures to Gogoro.

You acknowledge that your access to the Eeyo® Service or the Content is at your own risk and, except as set out in Section 6 above, you are solely responsible for any damage or loss caused by you or by any third party resulting from your access.

The Eeyo® Service and the Content is provided on a “as is” and “as available” basis. Gogoro reserves the right, but has no obligation to, add, delete or modify the relevant functions or systems of the Eeyo® Service or the Content from time to time to improve or make minor technical updates to the Eeyo® Service or Content, remedy technical defects and security issues or to comply with changes to law or regulation.

When using the Content, without any prior written approval from Gogoro, you (i) shall not remove any proprietary notice language in any copies of the Content; (ii) shall only use such Content for your personal, non-commercial, informational purpose; (iii) shall not make any modification to such Content, and (iv) shall not make any additional representations or warranties relating to such Content.

If you use or modify the Content in breach of these Terms of Use, your right to use the Eeyo® Service and the Content will cease immediately and you must, at Gogoro’s option, return or destroy any copies of the Content that you have made.

10. Privacy

Gogoro has a privacy policy that applies to use of the Eeyo® Service and describes how Gogoro processes your personal data (“Eeyo® Privacy Policy”). Please carefully read the Eeyo Privacy Policy before accessing/using the Eeyo® Service. To review the Eeyo Privacy Policy, please click here.

11. Third Party’s Links

The Eeyo® Service may contain links to other independent third-party websites or permit you to link to other services or resources on the Internet (“Third Party’s Links”). The Third Party’s Links are provided only as a convenience to you and the inclusion of any Third Party’s Links does not imply Gogoro’s endorsement or association with the operators or owners of those third-party websites, services or resources.

Gogoro has no control over the Third Party’s Links and you acknowledge that Gogoro is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third Party’s Links, and that Gogoro shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on anything on the Third Party’s Links or content thereof.

You will need to make your own independent judgment with respect to your access to and interaction with the Third Party’s Links and you understand that any information you receive from the Third Party’s Links is not from Gogoro nor endorsed by Gogoro. Use of the Third Party’s Links may be subject to additional terms, conditions and policies and it is your duty to ensure that you review and comply with them.

12. Dispute Resolution

Gogoro aims to learn about and address any user’s concern(s). If Gogoro is unable to address any concern(s) to your satisfaction and any dispute arises between you and Gogoro regarding the Eeyo® Service, you agree that unless otherwise required by law (including mandatory consumer protection laws in the European Union and the United Kingdom (following its exit from the European Union)), such dispute shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan), and that you and Gogoro will attempt in good faith to resolve such dispute.

If such dispute cannot be settled amicably within sixty (60) days, you agree that the Taiwan Taipei District Court or, if you are a consumer and habitually reside in a Member State of the European Union (or in the United Kingdom following its exit from the European Union), or if otherwise required by applicable law, a competent court in your country of residence, shall have jurisdiction for the first instance over any lawsuit between you and Gogoro regarding the Eeyo® Service.

Before resorting to submitting a formal claim, if you are not happy with how Gogoro has handled a dispute, you may want to resort to alternative dispute resolution. If you habitually reside in a Member State of the European Union, an alternative dispute resolution procedure is offered by the European Commission through the platform for Online Dispute Resolution available at the following address: http://ec.europa.eu/consumers/odr. If you are not satisfied with the outcome of this procedure you can still bring ordinary legal proceedings.

Please note that Gogoro is not committed nor obliged to use alternative dispute resolution to resolve disputes with you.

13. Miscellaneous

Gogoro may transfer its rights and obligations hereunder to another entity within its group or otherwise in connection with a merger, acquisition, sale of assets or by operation of law. Gogoro will notify you in writing if this happens and will ensure that the transfer will not affect your rights under these Terms of Use. You may only transfer your rights or obligations hereunder to another person if Gogoro agrees in writing.

If Gogoro does not insist that you perform any of your obligations hereunder, if Gogoro does not enforce its rights against you, or if Gogoro delays in doing so, that will not mean that you do not have to comply with those obligations or that Gogoro has waived its rights against you and Gogoro can still enforce these Terms of Use against you at a later date. If Gogoro waives any rights, Gogoro will do so in writing. No waiver of any provision of the Terms of Use shall be deemed a further or continuing waiver of such provision.

Termination of the Terms of Use by you (by deleting the Eeyo® mobile application) or by us (by suspending your account or otherwise) shall not affect your or Gogoro’s rights and remedies that have accrued prior to termination. Any provision of the Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. For the avoidance of doubt, Clauses 6, 7, 9, 12, and 14 shall survive termination of the Terms of Use.

If any of the Terms of Use is found to be unenforceable, void or invalid by a court or other relevant authority, the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that best embodies the intent of the Terms of Use and most closely matches the intent of the original provision, and the remainder of the Terms of Use will continue in full force and effect.

The subject heading at the beginning of each provision of the Terms of Use is for reference purpose only and in no way defines, limits, construes or describes the scope or extent of such provision.

14. Feedback

Should you have any comments or questions regarding the Terms of Use, you may contact us at contact@gogoro.com. Any feedback or information you provide to Gogoro will be deemed to be non-confidential.