Go Sparky S.L. CIF. nr. B-88237599, Hermosilla 18, 280 01 Madrid, Spain (“Sparky”) offers electrical scooters (“Scooters”) to users (“User”) registered in the Sparky App (“Sparky App”).
This agreement (this “Agreement”) sets forth the legally binding terms and conditions for Your (as defined below) use of the services provided by Sparky (the “Services”). For Your use of the Services, Sparky requires that You agree to all terms and conditions in this Agreement.
“Agreement” means this agreement.
“Scooters” means the Sparky electrical scooters.
“Services” means the Scooters, Website, Sparky App and its related services as described in and made available through the Website and the Sparky App, together with any other related equipment services, and information made available by Sparky.
“Sparky” means Go Sparky S.L.
“Sparky App” means Sparky proprietary software applications accessible via computer or mobile device and by which You may access the Scooter.
“Usage Area” is the areas defined and designated in the Sparky App in which the Scooters may be operated.
“User” is the person registered in the Sparky App who operates the Scooter and uses the Services provided by Sparky.
“Website” means the Sparky website www.sparkyapp.io.
“You” means You as a User of the Services provided by Sparky.
Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Euro (€).
You and Sparky are the sole parties to this Agreement. You are the sole User of the Services and thereby solely responsible for compliance with all terms and conditions set out in this Agreement.
In order to operate a Scooter, You must be at least 15 years of age.
In order to use the Services provided by Sparky and to operate the Scooter, You must register an account in the Sparky App. After activating the Scooter through the Sparky App, the rental time commences.
In order to stop the rental time, the Scooter must be deactivated through the Sparky App.
You hereby represent and certify that You are physically fit and reasonably competent to operate the Scooter. You assume all responsibilities and risks for any injuries and/or medical conditions when choosing to operate the Scooter.
You are solely responsible for determining Your general ability, medical condition, weather conditions, including, rain, fog, snow, hail, ice, heat or electrical storms, as well as other factors and conditions that can generate any risk to operate the Scooter.
You understand that, depending on weather, traffic or any other circumstance, uncertainty or other factors, You must adjust, adapt and calculate Your speed, riding behavior and breaking distance.
You acknowledge that You shall conduct a basic safety check of the Scooter, including an inspection of the Scooters wheels, brakes, lights, frame, battery level, and a check for visual damage and any unusual or excessive wear of any kind.
You agree not to operate the Scooter if there are any noticeable issues, and to immediately notify Sparky in accordance with section 7 below.
You agree that the Services provided and made available by Sparky, always, remain the exclusive property of Sparky. You may not in any way use Sparky’s exclusive property for commercial or any other purposes without Sparky’s written consent.
In order to use the Services and operate a Scooter You must register and activate a Scooter through Your Sparky App. After activating the Scooter, the rental time commences. In order to stop the rental time of the Scooter, you must deactivate the Scooter through the Sparky App.
The Scooter may only be operated and deactivated within the Usage Area in which the Scooter 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 Scooter in any area, including places within the Usage Area, prohibiting its usage. You are not allowed to operate, carry or transfer the Scooter between different Usage Areas.
You understand that roads, sidewalks, and bike lanes may not be suitable places to operate the Scooter and may become increasingly dangerous due to weather, traffic, and/or other hazards You agree that Sparky does not provide or maintain places to operate Scooters, and that Sparky does not guarantee that there will be a safe place to operate the Scooter.
You accept and acknowledge that the Scooters provided by Sparky are not available 24 hours a day, 7 days a week, 365 days per year.
Scooters must be rented and deactivated within the maximum rental time stated in section 2.3 below.
The number of Scooters is limited and therefore the Scooter availability is never guaranteed. The availability may also differ between different Usage Areas.
You accept that Sparky temporarily may cease operations in some Usage Areas due to seasonal conditions, as well as reasons such as, but not limited to, maintenance demand, which can limit or nullify the availability of the Scooters.
You accept that access to the Services also may be limited or restricted due to seasonal conditions, maintenance, availability of Scooters, force majeure, actions taken by Sparky, and other circumstances which prevents Sparky from providing the Services to You.
You accept that Sparky may require You to deactivate a Scooter at any time.
You agree to operate and deactivate the Scooter in compliance with any locally applicable laws, regulations and rules pertaining the operation of the Scooter in the Usage Area in which You are operating the Scooter. You understand that You as the User are solely responsible and liable for any violation of any laws, regulations and rules while using the Services and operating the Scooter.
You agree not to operate the Scooter while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate the Scooter. You agree not to use any device while riding a Scooter, including, but not limited to, mobile telephones, text messaging devices, media players, or other device(s) that may distract You or impede You from safely operating the Scooter.
You agree not to operate the Scooter while carrying any items that might impede Your capacity of safely operating the Scooter, including but not limited to, backpacks, bags, briefcases or other packages.
You are not permitted to carry a second person, child or animal on the Scooter. You may not in any way lock or hide the Scooter unless the Scooter is activated by You. To be fit for immediate operation by other users the Scooter must be deactivated and parked at the same place You rented and activated it from.
When operating the Scooter Sparky recommends You to wear a CE-standard, equivalent or a higher standard helmet that has been properly sized and fitted for You, or any other suitable protective equipment.
While operating the Scooter You may never exceed the maximum weight of 100 kg (kilograms) The maximum weight includes all items carried by You in compliance with this Agreement.
You agree not to use the Scooter for competitions, races or equivalent events, including both professional and non-professional stunt or trick riding.
You agree not to operate the Scooter 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.
The Sparky App, Website and the Scooter may only be used for the purposes pursuant to this Agreement.
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair, any Sparky material or hardware, source-codes, information, including the Sparky App, Website and Scooter, for any purposes.
You must report any accident, crash, damage or personal injury to Sparky 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. This also applies if the Scooter is lost or stolen while activated by You.
You must report stolen or lost Scooter to Sparky immediately or as soon as possible. The Scooter activated by You may be considered lost or stolen if:
If Sparky deems a Scooter lost or stolen, Sparky shall have the authority to take any actions appropriate towards the last User of the Scooter. Actions may include, but are not limited to, obtaining restitution and other appropriate compensation (damages), and filing a police report with the local authorities.
Sparky and You agree that the last User of the Scooter shall be responsible for a lost or stolen Scooter unless circumstances presented to Sparky provide enough evidence to free the last User from responsibility.
You agree to return the Scooter to Sparky in the same condition in which it was rented. You will not be responsible for normal wear and tear that occurs while using the Scooter in accordance with this Agreement.
You agree that Sparky can hold You responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, or disbursements of any kind related to a stolen or lost Scooter.
You acknowledge that the Scooter is an electric vehicle that requires being handled safely and prudently You acknowledge that the Scooter needs periodic charging in order to operate. You understand and agree with each of the following:
It is Your responsibility to check the battery level on the Scooter to ensure that it is adequate before initiating the operation of the Scooter. The battery level remaining in the Scooter will decrease with operation of the Scooter, and the operational capabilities and speed may decrease or cease in their entirety as the level of the battery decreases.
The decrease rate of the battery level may vary and differ from time to time due to factors such as Scooter and battery condition, weather conditions, road conditions and/or other varying factors.
Sparky does not guarantee any battery level in the Scooter by the time you activate it. You also understand that the battery level will vary with each rental.
Sparky does not guarantee that the Scooter will not run out of power during Your rental. The distance, speed and/or time that You may operate the Scooter before power level is null is not in any way guaranteed by Sparky.
The rent of the Scooter is on a pay per ride basis or otherwise in accordance with the pricing described in the Sparky App. In each case, fees and other charges may be subject to applicable taxes and government charges, which may be charged and collected by Sparky. The amount of the fees as described in this Agreement or in the Sparky App will be charged by Sparky on Your credit or debit card or any other agreed payment methods.
Promotion codes (discounts) are one-time offers and can only be redeemed via in the Sparky App. Sparky reserves the right to, without notice, 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 will not be resold or refunded.
The maximum renting period is 72 hours. You agree that You will deactivate the Scooter and thereby end the rental before exceeding the maximum renting period. After deactivating the Scooter, You may initiate a new renting period by activating the Scooter again. You acknowledge that You are solely responsible for deactivating the Scooter within the maximum renting period.
The maximum charge for a full (00:00 to 00:00) days rental is €29. At midnight, 00:00, a new day starts. After deactivating the scooter or midnight (00:00), whichever comes first, You will be charged the accumulated rental charges for that days rent, or the maximum daily rental charge; whichever is less.
Scooters that are not deactivated within the maximum renting period will be considered lost or stolen, and You may be charged up to €500. Sparky may also file a police report. Sparky may also charge a service fee of €250 for rentals in excess of the maximum renting period where the Scooter is not lost or stolen.
If You are unable to deactivate the Scooter at the same place you activated it in, in a valid spot (i.e. You deactivate the Scooter on private property, a locked community, an unreachable area, outside the Usage Area or otherwise in violation with this Agreement), and request the Scooter to be recovered by Sparky staff, Sparky, at its sole discretion, may choose to charge You a recovery fee up to €100.
If any Scooter that is activated under Your account is abandoned without notice, You will be responsible for all trip fees until the Scooter is recovered and deactivated, plus a service charge (currently €100) to recover the Scooter. All fees are subject to change.
In order to use the Services authorized by Sparky You must provide Sparky with information and details to a valid credit or debit card. By providing Sparky with the information and details of a valid credit or debit card You represent and guarantee Sparky that You are authorized to use the card of choice. All fees that occur due to Your actions will be charged to the provided credit or debit card. All fees are subject to applicable taxes and other local government charges, these may also be charged and collected by Sparky.
In order to dispute any charges by Sparky to the credit or debit card provided by You, You must contact Sparky within 2 months from the date of the disputed charge. You must provide Sparky with all the information that Sparky finds necessary to evaluate the disputed charge, such as the date of use and the approximate starting and ending times of the trip.
You agree to without any delay, inform Sparky of all changes related to the credit or debit card which you authorized Sparky to charge.
You do hereby acknowledge and agree that Your use of the Services and operation of the Scooter is at Your sole risk.
Sparky provides the Services with no warranties whatsoever.
You do hereby recognize and acknowledge that the Services may present You with inaccuracies regarding the Services, such as, for example but not limited to, the Scooter’s condition and that it may not run error free.
You do hereby acknowledge and agree, with the limitation of applicable law, that Sparky is not responsible or liable for any claim that arise out of or relate to Your use of, or inability to use the Services.
You do hereby acknowledge and agree that Sparky is not responsible or liable for any breach of this Agreement or Your violation of any applicable law while using the Services.
You are always solely and fully responsible for the safe operation of the Scooter.
You agree that Scooters are electric vehicles that may malfunction, even if the Scooter is properly maintained, and that such malfunction may cause injury. You agree that riding a Scooter and using 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. You agree that such risks, dangers, and hazards cannot always be predicted or avoided and that they 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 You are liable for all resulting injuries, damages, and related cost, when using any of the Services. By choosing to operate the Scooter, You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that Sparky are not responsible for any injury, damage, or cost caused by You with respect to any person or property, including the Scooter itself.
You will indemnify and hold Sparky free from all losses, suits, claims or other proceedings relating to or arising out of Your use of the Services and any breach of the terms of this Agreement.
The terms of this Agreement between You and Sparky, enters into force from the first time You use the Services provided by Sparky and is in force for as long as You use the Services. The term ends 10 years after Your last use of the Services provided.
Sparky may, without Your consent, and without any notice or cause, at any time and for any duration unilaterally terminate Your right to use the Services.
You may terminate Your use of the Services at any time; provided, however, that:
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.
Any and all disputes regarding this Agreement shall be made in written form to the contact information given in section 8 below.
Sparky can be contacted by emailing [email protected], or by regular mail to Sparky’s physical address Go Sparky S.L., Hermosilla 18, 280 01 Madrid, Spain.
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 Spain and be settled exclusively by Spanish courts, with the first instance Court of Madrid Capital (Juzgados y Tribunal de Madrid capital).
You acknowledge that this Agreement contains the complete, final, and exclusive integrated agreement between You and Sparky with respect to its subject matter.
This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time, without Your consent, Sparky may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any prior notice or cause.
By continuing to use any of the Services 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 Sparky App supersedes all pricing set forth in this Agreement.
You acknowledge that You as the User of the Services provided by Sparky voluntarily have read and understand the terms and consequences of the Agreement, and that You are fully aware of the legal and binding effect of the Agreement.
You acknowledge that the headings in this Agreement do not affect the interpretation of the Agreement.
“Or” is not exclusive in its meaning and “Including” means “including, but not limited to.”